Thompson v Mulligan

The case of Thompson v Mulligan involved the widow, the appellant, and two sons, the respondents, of the deceased. The dispute centred around the provisions made for the parties under the will of the deceased and the application of the Family Provision Act 1969 (NSW). The application for review was heard in the Supreme Court of New South Wales. The widow sought an increased provision for herself under the will, arguing that the current provisions were inadequate given the circumstances of the family.

The legal issues before the court were whether the deceased had made adequate financial provision for the appellant, and if not, what additional provision should be made. The court had to consider the merits of the widow's relationship with the deceased, her needs, and available resources, as well as the provisions made for the other sons. The widow argued that the current provisions were inadequate due to her lack of independent means and the absence of other financial support. The respondents contended that the deceased had made adequate provision for the appellant, considering her circumstances and the provisions made for the other sons.

The court held that the provisions made for the widow were inadequate. It found that the widow had a meritorious relationship with the deceased and had a need for financial support. The court also noted that the provisions made for the other sons, while substantial, did not fully account for the widow's lack of resources. The court ordered that the estate be varied to provide an additional $75,000 for the widow. This amount was deemed sufficient to address her needs while also considering the provisions made to the other sons.