Pitkin v Henderson

The applicant in this case sought a family provision order from the estate of her deceased sister. The estate in question was worth approximately $615,000, the bulk of which had passed to the deceased's solicitor. The solicitor had managed the deceased's affairs for six years prior to her death. The applicant argued that she was entitled to either the fee simple of the deceased's home or a Crisp order in respect of the estate. The case was heard in the Supreme Court of Queensland.

The primary legal issue before the court was whether the applicant was entitled to a family provision order, and if so, what form that order should take. The court considered the relevant statutory provisions under the Family Provision Act 1982 and the factors it should take into account in determining whether to make an order and, if so, what form that order should take. These included the applicant's dependency on the deceased, the extent to which the deceased had provided for the applicant, and whether the applicant had been treated fairly by the deceased in the circumstances.

The court found that the applicant was entitled to a family provision order. It noted that the applicant and the deceased had a close relationship and that the deceased had not provided for the applicant in her will. The court considered that the solicitor, who had received the bulk of the estate, had not been a relative of the deceased and had not provided any significant care or support to the deceased. The court concluded that it was appropriate to make a family provision order in favour of the applicant, and that the most appropriate form of that order was a fee simple in respect of the deceased's home.

The court ordered that the fee simple of the deceased's home be transferred to the applicant. The court noted that this would provide the applicant with a secure home and would ensure that the deceased's estate was distributed in a fair and equitable manner. The court also noted that the solicitor, who had received the bulk of the estate, had not been a relative of the deceased and had not provided any significant care or support to the deceased in the circumstances.