Edgar v Public Trustee for the Northern Territory & Anor

[2011] NTSC 5

Supreme Court of the Northern Territory

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Interrogate

Catchwords

1. Succession
2. › Family provision
3. › Claim by adult son
4. › Whether adequate provision available under will
5. › Small estate
6. › Competing claim of widow
7. › Special need or special claim required
8. › Family Provision Act, ss 7, 8
1. Succession
2. › Family provision
3. › Onus of proof
4. › Whether onus on applicant to establish inadequacy of provision
5. › Whether onus on beneficiary to establish cost of living needs
6. › Family Provision Act, ss 7, 8
1. Succession
2. › Family provision
3. › Claim of widow
4. › Second wife
5. › Whether widow's claim has paramountcy
6. › Relevance of domestic arrangements during marriage

Quick Take

In a small estate, an adult son who is comfortably off and whose financial contributions to the deceased have been recognised by a legacy in the will cannot establish inadequate provision where the competing claim is that of a widow with no property and no means of earning an adequate income. The onus remains on the applicant to prove that there would be surplus in the estate after the primary beneficiary's needs are met, including by adducing evidence of the beneficiary's cost of living.