Robinson v Glennon

The case of Robinson v Glennon involved the plaintiff, Robinson, making an application under the Succession Act 2006 (NSW) for a family provision order against Glennon, the deceased's administrator and sister. The deceased, who died intestate, had left an estate that was not subject to any testamentary dispositions. Robinson sought a family provision order under section 57(1)(e) or (f) of the Act, claiming that she was an eligible person who was dependent on the deceased and that the deceased had a moral obligation to provide for her. Robinson further argued that she was a natural object of testamentary recognition, despite having an intermittent relationship with the deceased.

The court was required to determine whether Robinson was an eligible person under the Act, whether she was dependent on the deceased, and if the deceased had a moral obligation or duty to provide for her. Additionally, the court needed to consider whether Robinson was a member of the same household as the deceased for a period, and if the factors warranted Robinson making an application pursuant to section 59(1)(b). The court also needed to weigh whether Robinson was a natural object of testamentary recognition, given her on-and-off relationship with the deceased.

The court found that Robinson was an eligible person under the Act and that she had been dependent on the deceased to a certain extent. It was held that the deceased had a moral obligation or duty to provide for Robinson, given their familial relationship. The court further determined that Robinson was a member of the same household as the deceased for a period, and that the factors warranted her making an application pursuant to section 59(1)(b). The court concluded that Robinson was a natural object of testamentary recognition, despite her intermittent relationship with the deceased. Consequently, the court granted Robinson's application for a family provision order.

The court ordered that Glennon, as the administrator of the deceased's estate, should pay Robinson a sum of money from the estate, representing the family provision order. The amount and terms of the payment were to be determined by the court at a later date.