A 27 year old widow brought a claim, out of time, in the estate of her 70 yo deceased husband.  The estate was worth approximately $1m.  The applicant was left $10,000 plus two motor vehicles.  In addition, she received $150,000 from his superannuation.  The balance of the estate was left to his two children and disabled granddaughter.

The application was 63 days out of time.

Boddice J found that in the context of a $1m estate, and a relationship of approximately 18 months with a marriage of approximately 8 months, “the applicant would have difficulty in establishing that the limited provision made for her in the deceased’s Will was inadequate, having regard to the sizable provision made for her through the binding death benefit nomination”.

The application was dismissed.

Read Frastika v Cosgrove [2016] QSC 312 here.

One thought on “Widow unsuccessful in out of time FPA

  1. Hi Caite – yes, an interesting scenario… There is NSW case law to suggest that this decision was right, insofar as the amount the widow received: see Gregory v Hudson (No. 2) Matter No 2493/96 [1997] NSWSC 413 (18 September 1997) . In this case the Court cited with approval a Canadian case of the Full Court of their Supreme Court – Tataryn v Tataryn (1994) 116 DLR (4th) 193. The import of that decision was that it would be contrary to public policy were a spouse to obtain a greater benefit from a deceased estate than from a matrimonial property settlement.

    In the instant case, it would appear that such a short marriage/relationship and with such additional competing claims, that the young widow has obtained what she otherwise would have if she and the deceased had divorced – notwithstanding there being no info as to the widow’s contributions…

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