Recent case law had demonstrated that the size of the Estate doesn’t always mean that an Applicant in a family provisions claim will be successful in attempting to get more than the legacy left under the Will.

In Revell v Revell [2016] NSWSC 947, His Honour Pembroke J found that a legacy of $1.5 million to an adult son who had been indulged all his life was considered to be adequate provision in the Estate of $10 million.

His Honour held that the testator had done more than enough by leaving his son a legacy of $1.5 million and that there will come a time in life when a father is entitled to “cut loose the shackles of the past”.  It was held that adequate provision means no more than sufficient and that the Will should only be interfered with only so far as it is necessary to make adequate provision but no further.

In this case, legal costs were awarded to the unsuccessful Applicant and the courts stressed that each case must be dealt with on its merit and that no precedent should be created by this decision.

For more information, contact Tom Sherley.