Nelligan v Crouch

Nelligan v Crouch was a case brought before the court concerning a claim for family provision under the Succession Act 2006 (NSW). The plaintiff, Nelligan, sought a provision from the estate of the deceased, Crouch, her former same-sex partner, despite the de facto relationship having ended prior to the deceased's death. The dispute arose from the deceased's will, which made no provision for the plaintiff, despite the fact that they had been part of the same household and the plaintiff had been dependent on the deceased during the relationship.

The central legal issues the court needed to address were whether the plaintiff qualified for a family provision claim under the Succession Act and whether the de facto relationship, despite having ended, was sufficient to establish dependency and household status. The court also had to consider whether the deceased's will adequately provided for the plaintiff's reasonable financial needs.

In its decision, the court held that the plaintiff was entitled to make a claim under the Succession Act. It found that the de facto relationship, even though it had terminated prior to the deceased's death, was sufficient to establish that the plaintiff had been part of the household and was dependent on the deceased. The court emphasised the importance of the household and dependency factors in determining eligibility for a family provision claim. Additionally, the court determined that the deceased's will did not adequately provide for the plaintiff's reasonable financial needs, thereby justifying a claim under the Act. The court ordered that the deceased's estate should provide a suitable financial provision for the plaintiff.