Paterson v Paterson & Ors

[2026] SASC 82

Supreme Court of South Australia

Built by Barristers,
For Australian Law.

1. Succession
2. › Family provision
3. › Adult child — adequacy of provision — proper maintenance and advancement in life
1. Succession
2. › Family provision
3. › Vulnerability — disability — precarious accommodation — buffer against contingencies
1. Succession
2. › Family provision
3. › Testamentary freedom — extent of disturbance — provision from residuary estate
1. Succession
2. › Family provision
3. › Relevant considerations — risk of homelessness among older single women — judicial notice

Where an adult child has no realistic employment capacity, negligible superannuation, no real property of her own, and depends entirely on a non-family member for accommodation, a testamentary provision of approximately one quarter of the estate (including vacant land yielding no income and volatile shares) may be inadequate for proper maintenance, notwithstanding its nominal value.
The risk of homelessness among older single women in Australia is a matter of which judicial notice may be taken, informed by published government and ABS reports, and is a relevant contingency in assessing whether adequate provision has been made for a vulnerable applicant.
A testator's will should be disturbed only to the extent necessary; where the inadequacy is modest, the court may order a lump sum from residue as a buffer against foreseeable adverse contingencies (such as loss of accommodation) rather than restructuring specific devises.