West v France

In the case of West v France, the plaintiff, who was the de facto spouse of the deceased for 11 years, sought an order under the Family Provision Act for an increased provision from the estate of the deceased. The deceased left their estate to their three adult children, excluding the plaintiff, who had been engaged in drug use with the deceased. The plaintiff continued to engage in drug use after the death of the deceased. The estate was substantial, and the plaintiff argued that they had been left without adequate provision for their proper maintenance and advancement in life.

The legal issues before the court were whether the plaintiff, considering their financial and material circumstances, had been left without adequate provision for proper maintenance and advancement in life, and if so, what provision should be made for the plaintiff. The court considered the nature and duration of the relationship between the plaintiff and the deceased, the plaintiff's conduct, and their financial circumstances.

The court found that the plaintiff had been in a de facto relationship with the deceased for a significant period and that the deceased's estate was substantial. Although the plaintiff's drug use was a factor, the court recognised the importance of the relationship and the plaintiff's need for support. The court concluded that the plaintiff had not been left with adequate provision for their proper maintenance and advancement in life. The court ordered that a specific sum be paid to the plaintiff from the estate to ensure their proper maintenance and advancement.