Nudd v Mannix

The appeal concerned a dispute between the de facto widow of the deceased (the appellant) and the executor of the deceased's estate (the respondent). The appellant had made a claim against the estate for provision, and the primary judge had made orders for provision to the appellant. The appeal was heard by McColl and Macfarlan JJA and Handley AJA.

The legal issues before the court included the appropriate level of provision to be made for the de facto widow from the estate, particularly in relation to her need for secure independent accommodation, and the extent to which an order for a flexible life estate was appropriate. The court also considered the power to fix a cap on costs.

The court allowed the appeal, setting aside the orders of the Associate Justice. In lieu of those orders, the court substituted an order that the appellant receive a legacy of $120,000 from the estate, with interest to run from 28 days after the date of the court's orders. The additional $60,000 to the appellant's legacy was to be borne by the legacies to the deceased's grandchildren. The court also made orders regarding the costs of the trial and the appeal, with the defendant's costs on an indemnity basis to be paid out of the estate, subject to recovery under the Suitor's Fund Act. The court noted and accepted an undertaking given by the appellant's solicitors and ordered that the respondent be granted a certificate under the Suitor's Fund Act.