Robb v Hunter

In the case of Robb v Hunter, the deceased left a will bequeathing the residue of his estate to his son, with a life interest in one half of the matrimonial home left to his de facto partner. The son brought proceedings to have the will admitted to probate, while the de facto partner contested the will, seeking a family provision order. The small size of the estate meant that it was insufficient to accommodate both the statutory claim and the bequest to the son. The court was required to determine whether the de facto partner's claim should be satisfied, despite the son's entitlement under the will, and whether the estate was insufficient to meet both claims.

The central legal issues in this case involved the interpretation of the deceased's will and the application of the Family Provision Act. The court had to consider whether the de facto partner had made proper provision for her support and whether the size of the estate justified making an order in her favour. The court also needed to weigh the statutory claim against the son's entitlement under the will, given the limited size of the estate. The court's decision hinged on whether the statutory claim could be accommodated within the confines of the small estate.

The court found that the deceased had indeed made proper provision for the de facto partner's support by leaving her a life interest in one half of the matrimonial home. However, the size of the estate was insufficient to satisfy both the statutory claim and the bequest to the son. The court concluded that the statutory claim should prevail, as the deceased had not made adequate provision for the son's maintenance, support, and education. The court ordered that the will be admitted to probate with the condition that the de facto partner's life interest in the matrimonial home was recognised, and the residue of the estate would be distributed to the son. This decision balanced the competing claims and ensured that the de facto partner received some provision from the estate.