Family Provision Claim: Spouse v Charity Success Story

Our client has been in a committed de facto relationship with his late parent for more than 20 years. Despite their lengthy relationship, he was not provided with any meaningful financial provision under her Will.

The Will, which had been prepared only a few years into the relationship, left a gift of jewellery to a family member and the residuary estate to a prominent animal welfare charity. Rather than receiving a financial gift, our client was granted only a limited transitional right to remain in the deceased’s home or, if he could not afford to maintain the property, relocate to a rural town.

This left our client in a vulnerable financial position. He owned no significant assets and relied solely on the Age Pension. Without adequate provision from the estate, he faced the prospect of leaving the home, community and support network he had built with his late partner over two decades.

After carefully considering the circumstances, Shannan advised that our client had strong prospects of success in bringing a Family Provision Claim. In addition to the length of the relationship, significant weight was given to the fact that our client has been the deceased’s full-time carer throughout her numerous medical conditions, providing years of care and support without financial compensation.

Following negotiations, the matter was successfully resolved without the need for a contested hearing. Our client received a lump sum provision of $300,000, enabling him to secure suitable accommodation and providing him with financial security to meet life’s future contingencies. Importantly, the resolution also respected the deceased’s testamentary intentions by preserving a substantial gift to the animal welfare charity that both she and our client have passionately supported throughout their lives.

This matter demonstrates that even where an eligible person has been largely overlooked in a Will, they may still have strong legal grounds to seek adequate provision. Through strategic negotiation and dedicated advocacy, our team achieved a compassionate and practical outcome that balanced our client’s needs with the deceased’s wishes.

ABOUT COUTTS LAWYERS & CONVEYANCERS

Coutts Lawyers & Conveyancers is a full-service, award-winning law firm dedicated to putting business owners, families, and individuals first. Our focus is on providing quality legal advice for Macarthur and the Illawarra as a trusted partner for businesses, families, and individuals. We bring a no-nonsense approach to the law without the legal jargon

ABOUT SHANNAN WRIGHT:

Shannan joined the Coutts team in July 2022, working as a Senior Lawyer within our Family Law and Wills & Estates teams, across our Narellan and Campbelltown offices.

Shannan completed a Bachelor of Laws/Bachelor of Psychological Science at the University of Wollongong.