Wheatley v Wheatley

In *Wheatley v Wheatley*, the Court of Appeal of New South Wales considered an appeal by an adult son against the decision of the trial judge regarding provision from his deceased mother's estate. The deceased, who had a difficult personality, left a substantial estate valued at approximately $1.4 million, primarily comprising a family home, to her daughter. The deceased had explicitly stated in a letter her reasons for making no provision for her son, citing a poor and estranged relationship. The son, who was 58 years old and had suffered a significant health setback in his late thirties, owned a home unit in poor condition and received a disability support pension, with limited other assets.

The central legal issues before the Court of Appeal were whether the deceased had made adequate provision for the proper maintenance, education, and advancement in life of her son, and if not, what provision should be made from the estate. The court had to consider the significance of the poor and hostile relationship between the mother and son, the son's current financial circumstances and health, and the deceased's stated grievances in her letter.

The Court of Appeal, in allowing the appeal, reasoned that while the deceased's grievances were noted, they did not entirely negate the son's claim for provision, particularly given his age, health, and financial needs. The court applied principles of family provision law, acknowledging that the testatrix's wishes were a relevant consideration but not determinative when assessing the adequacy of provision for a beneficiary's proper maintenance. The court found that the provision ordered by the trial judge was insufficient to meet the son's needs, particularly for essential dental work and home repairs.

Consequently, the Court of Appeal varied the trial judge's order, increasing the provision for the appellant son from $78,000 to $168,000. The costs of the appeal were ordered to be paid by the respondent out of the estate, secured as a charge against the Alma Street property.