Sayer v The Public Trustee

The case of Sayer v The Public Trustee involved a widow seeking to ensure that she received appropriate provision from the estate of her deceased husband, pursuant to the Family Provision Act. The deceased, who was married twice, owned a family home with his second wife. Upon his death, the court was tasked with determining whether the widow was entitled to the deceased's share of the family home. The widow from the second marriage applied for an order under the Family Provision Act to receive the deceased's half share of the family home. The court needed to decide whether the deceased had made appropriate financial provision for the applicant and, if not, what was the appropriate provision to be made.

The court considered the legal principles established in previous cases, particularly the requirement for the court to make an order for appropriate provision if the deceased had not made such provision. The court assessed the contributions made by the deceased to the family, the financial needs of the widow, and the deceased's obligations to other family members. It was noted that the deceased had given the widow an option to purchase his share in the family home, but the court determined that this did not constitute appropriate provision under the Act. The court also considered the nature of the relationship between the deceased and the widow and the circumstances of the deceased's death.

In its judgment, the court held that the deceased had not made appropriate provision for the widow from his second marriage. The court found that the widow's needs and contributions warranted that she receive the deceased's half share of the family home. The court ordered that the deceased's half share in the family home be transferred to the widow. This decision recognised the widow's entitlement to appropriate provision from the estate of her deceased husband, in accordance with the principles of the Family Provision Act.