Young & Grainger v Outtrim

The plaintiffs, Young and Grainger, the children of the deceased by his first marriage, sought a family provision order out of the estate of the deceased, or alternatively, an order designating property as notional estate. The deceased had left his entire estate to his wife, the defendant, with whom he had been married for 32 years. The plaintiffs argued that they should receive a provision from the estate or notional estate due to their close relationship with the deceased and the lack of provision made for them in his will. The court was required to determine whether the deceased's estate constituted a reasonably large estate or notional estate, and if so, whether provision should be made for each plaintiff and, if so, the nature of the provision to be made.

The court examined the provisions of the Family Law Act 1975 and considered the principles set out in Re Estate of King, where it was held that a court should consider the needs of the applicant, the extent of the applicant's dependency on the deceased, the extent to which the applicant's needs were met during the deceased's lifetime, and the nature of the provision made for the applicant by the deceased. The court also considered the nature of the relationship between the deceased and the plaintiffs, the length of the marriage to the defendant, and the extent to which the deceased had provided for the plaintiffs during his lifetime.

In determining whether the estate was a reasonably large estate or notional estate, the court found that the deceased had accumulated a significant estate over the course of his lifetime and that the plaintiffs' needs were not met by the deceased during his lifetime. The court also found that the plaintiffs' relationship with the deceased was close and that they had made significant contributions to the deceased's estate. The court concluded that the estate was a reasonably large estate and that provision should be made for each plaintiff. The court ordered that each plaintiff receive a provision of $500,000 from the estate, to be paid within six months of the order.