Plummer v Montgomery

The case of Plummer v Montgomery involved two adult stepchildren, the plaintiffs, who sought a family provision order under the Succession Act 2006 (NSW) against the deceased, their stepmother. The plaintiffs claimed to have been members of the deceased's household and partially dependent on her. The central issue was whether the plaintiffs were eligible to make such a claim and if the factors warranted the making of the application, despite their limited contact with the deceased after the early 2000s and no contact at all post-2012.

The court had to determine the eligibility of the plaintiffs under the Succession Act, considering their household status and dependency on the deceased. The deceased provided detailed reasons for not making any provision for the plaintiffs, which were contested by the plaintiffs. The court examined the nature of the relationship between the plaintiffs and the deceased, along with the discretionary factors, to decide whether the plaintiffs were precluded from receiving any provision from the deceased's estate.

In its decision, the court found that the plaintiffs were indeed members of the deceased's household and partially dependent on her, which made them eligible for a family provision order. The detailed reasons provided by the deceased for not making any provision were considered, but some of these reasons were disputed by the plaintiffs. The court concluded that the discretionary factors, including the nature of the relationship and the circumstances surrounding the contact, did not preclude the plaintiffs from receiving provision from the deceased's estate. The court made a family provision order in favour of the plaintiffs.

The final orders of the court mandated that the deceased's estate provide financial support to the plaintiffs, reflecting the discretionary considerations and the statutory obligations under the Succession Act.