THE WIDOW “WINS”

Eligible people (such as spouses, de facto and children) can apply to the NSWSC when they believe that a deceased partner or parent has not made adequate or proper provision for them in a will. 

Among the most common and certainly the most bitter family provision cases are those between a widow and the adult children of the deceased from a previous relationship. 

As a rule of thumb, widows win these cases – and even where they lose, they win on appeal. 

Steinmetz v Shannon [2019] NSWCA is a case in point. The spouse made an application after her partner of 28 years, who left an estate of $6.8 million, left her with an annuity of $52,000. The NSWSC noted that she made sustained and substantial contributions to the relationship: she ran the house, did the housework, she cared for him when he suffered with ill-health in the last 15 years of their relationship. Even though she did have assets of her own (such as a house and some superannuation) the court  found that she had legitimate expectations of living in a similar style to which she had been living for 28 years and that she had not been given proper provision. It court awarded her $1,750,000.

A will maker in a blended family faces complex decisions as s/he tries to both provide in a proper manner for their partner and children from a previous relationships and  avoid expensive family provision applications down the track.There are several options such will makers can consider in these situations. Flanagan Legal Newcastle at flanaganlegal.net.au can assist by providing a will maker with appropriate options.