Wotton v Wotton

In the case of Wotton v Wotton, the dispute involved a claim for family provision under the Succession Act 2006 (NSW). The deceased, who passed away leaving a will, was survived by his wife and two adult children. The children argued that their mother, the deceased’s wife, had cohabited with another man, which they claimed should be considered under the Succession Act. The Supreme Court of New South Wales was tasked with determining whether the wife's relationship with the other man constituted "cohabiting" as defined under section 60(2)(e) of the Act, and if it warranted an order for family provision.

The primary legal issues before the court were whether the wife's relationship with the other man qualified as "cohabiting" under the Act and, if so, whether this cohabitation should impact the distribution of the deceased’s estate. The court had to interpret the meaning of "cohabiting" and examine the nature and duration of the relationship to ascertain if it met the statutory criteria. Additionally, the court needed to balance the statutory rights of the deceased’s wife against the entitlements of the children under the Act.

The court found that the wife's relationship with the other man did not meet the threshold of "cohabiting" as defined in the Act. The relationship was deemed to be more akin to a casual friendship rather than a domestic partnership. Consequently, the court held that the wife's relationship did not warrant any adjustment to the distribution of the estate as per the deceased’s will. The children’s claim for family provision was dismissed, and the estate was distributed according to the terms of the will.