Moore v Foodey

The parties in this case were Moore, the stepson, and Foodey, the deceased's widow. Moore sought to be provided for under the Family Provision Act 1982, having been excluded from the deceased's will. The dispute centred on whether the deceased's decision to exclude Moore from his will was unreasonable and whether the court should order that Moore be provided for under the Act. The matter was heard in the Supreme Court of Victoria.

The court had to determine whether the deceased's decision to exclude Moore from his will was unreasonable and whether there were grounds under the Act to order that Moore be provided for. The court considered the deceased's reasons for excluding Moore from his will, the nature of the relationship between Moore and the deceased, and the deceased's overall financial circumstances at the time of making his will.

The court found that the deceased's decision to exclude Moore from his will was unreasonable. It found that the deceased had not provided any valid reason for excluding Moore, and that the deceased's decision was influenced by his second wife. The court also found that the deceased's financial circumstances did not justify his decision to exclude Moore from his will. The court ordered that Moore be provided for under the Act, but did not consider the matter to be of principle.

The court made an order that the deceased's estate be divided such that Moore was provided for under the Family Provision Act 1982. The exact amount of the provision was not specified in the judgment.