KEREMESTEVSKI v SHAUN MCLEOD as executor of the estate of MARK ADRIAN MCLEOD

[2024] WASCA 12

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Wills and Estates
2. › Family provision
3. › Eligible applicants
4. › De facto partner
5. › Whether parties in 'marriage-like' relationship
6. › Whether common intention to form consensual enduring union
7. › Interpretation Act 1984 (WA), s 13A
8. › Family Provision Act 1972 (WA), s 7(1)(a)
1. Appeal
2. › Standard of appellate review
3. › Evaluative determination as to existence of de facto relationship
4. › Whether discretionary standard (House v The King) or correctness standard (Warren v Coombes) applies
5. › Correctness standard held applicable
1. Wills and Estates
2. › Family provision
3. › Adequate provision for proper maintenance, support or advancement in life
4. › Exercise of discretion
5. › Small estate
6. › Competing claims of beneficiaries
7. › Family Provision Act 1972 (WA), s 6(1)
1. Wills and Estates
2. › Family provision
3. › Orders
4. › Power to make provision out of estate
5. › Whether court may order amendment of will
6. › Effect of provision as codicil
7. › Family Provision Act 1972 (WA), ss 6(1), 10, 14

Quick Take

Appellate review of de facto relationship findings under the Family Provision Act 1972 (WA) is governed by the correctness standard, not the House v The King discretionary standard, meaning appellate courts will more readily intervene in such findings.