Vidler v Ivimey

In the case of Vidler v Ivimey, the plaintiff sought a family provision order against the defendant, who was both the child of the deceased by a prior marriage and the executor of the deceased's will. The plaintiff claimed that she had been living in a de facto relationship with the deceased at the time of his death. The court was required to determine if a family provision order should be made, considering the provisions already made in the deceased's will, and if so, the nature and quantum of the further provision to be made.

The legal issues before the court included whether the plaintiff was indeed in a de facto relationship with the deceased at the time of his death and whether the provisions made in the will were sufficient or if further provision should be made. The court also needed to consider the extent to which the deceased's existing provisions in the will impacted the plaintiff's entitlement to a family provision order.

The court found that the plaintiff was indeed living in a de facto relationship with the deceased at the date of his death. While acknowledging the provisions made in the will, the court determined that these were not sufficient to meet the plaintiff's reasonable financial needs and expectations. The court made a family provision order for the plaintiff, awarding her a specified sum of money. The reasoning was based on the understanding that the deceased's existing provisions did not adequately account for the plaintiff's circumstances and relationship with the deceased.