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.