Stokes v Collins & Lewis

Stokes v Collins & Lewis is a decision of the Supreme Court of Western Australia, which dealt with a claim under the Family Provision Act 1972 (WA) by an adult daughter who was not provided for in the deceased's will. The deceased, Mrs. Collins, passed away leaving an estate of approximately $400,000, the majority of which was left to her son, with a lesser amount left to her husband, and nothing to her daughter, Ms. Stokes. Ms. Stokes sought an order under the Family Provision Act to receive a portion of the estate.

The legal issues the court needed to decide were whether Ms. Stokes' claim was legitimate under the Act and, if so, what amount should be awarded. The court had to consider the terms of the will, the deceased's intentions, and the financial circumstances of the parties involved. It was noted that the estate was relatively small, and the deceased had provided for her husband, which could impact the court's decision.

The court determined that Ms. Stokes' claim was legitimate, as the deceased had not adequately provided for her in the will, particularly considering her financial needs and the overall size of the estate. The court awarded Ms. Stokes $100,000 from the estate, finding this amount to be just and equitable under the circumstances. The court emphasised that the decision was made on the specific facts of this case and did not establish a precedent for similar cases.

The court's final order was that Ms. Stokes was entitled to receive $100,000 from the estate of her mother, Mrs. Collins, under the Family Provision Act 1972 (WA).