Wertheim v Perpetual Trustee Company Limited

In the case of Wertheim v Perpetual Trustee Company Limited, the plaintiff sought a family provision order against the defendant, the trustee company and executor of the deceased's estate. The dispute arose from the deceased's will, which made only a small provision for the plaintiff, who was in a de facto relationship with the deceased at the time of his death. The will named four residuary beneficiaries, who were the children of the deceased from his earlier marriage.

The legal issues before the court involved determining the relevance of the financial conduct of the parties during their relationship and whether any arrangement or understanding existed between the deceased and the plaintiff that each would leave their respective estates to their children. The court also had to consider the nature of the provision to be made, whether it should be an absolute interest, a life estate, a Crisp order, or another form of provision. Additionally, the court needed to balance the competing claims of the deceased's adult children and the plaintiff.

The court examined the evidence and found that there was no financial inter-relationship between the plaintiff and the deceased, and no arrangement or understanding existed between them regarding their respective estates. The court determined that the provision made for the plaintiff in the will was adequate and that the competing claims of the deceased's children and the plaintiff should be balanced. The court ultimately ordered that the plaintiff receive a family provision order, specifying the nature and amount of the provision to be made.