Exes and blasts from the past: In what circumstances does a deceased have a moral duty to make provision for old flames?

At 10am on Sunday, 5 November at the Crown Hotel I will give this CPD seminar for Marbury Chambers.

The seminar will examine two recent NSW decisions in the family provision list of the NSW Supreme Court. In [2017] NSWSC 10, the court ordered provision for the ex-spouse of a short marriage the ended over 22 years before the passing of the deceased even in circumstances where the court found the former spouse carried out “as best she could her stated aim of making his [the deceased's] life a misery”. An appeal hearing of this decision was held on 6 October 2017 with judgement reserved.

In [2017] NSWSC 482, a person who had been involved in a 3-way tryst of 6 months duration with the deceased over 35 years before death was granted provision for the rekindled close personal relationship that arose from a chance meeting 2 years before the deceased’s death.

The Supreme Court Family Provision list is procedurally exact whereas the substantive law is highly arguable. This seminar will analyse the substantive law of these two cases through the prism of Practice Note No. SC EQ 7 - Supreme Court - Family Provision where Justice Hallen so helpfully details of the procedural approach to such claims.

The decision in [2017] NSWSC 482 has also been appealed. The appeal hearing was on 24 August 2017 and the decision was reserved.

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