Recent decisions regarding family provision claims in a mixed family context have been delivered to the legal fraternity.
In all of these decisions the consternation of members of a mixed family in the face of losing probable inheritance to new members of a remarried parent or spouse have become evident.
In Lowe & Lowe [No 2] [2015] Ms Lowe had married Mr Lowe – both were married prior. Mr Lowe’s three adult children were sued by Ms Lowe upon Mr Lowe’s demise. Mr Lowe gave $20,000.00 to each of his grandchildren (6 in total) by way of a gift in his will executed in 2012 ( being during the relationship of Mr and Ms Lowe). Mr Lowe gave a right of residency of 18 months to his wife in the former matrimonial home (Ms Lowe had her own property). The judge found that evidence bore out the understanding between the parties that their financial affairs were to be kept separate throughout their relationship. There had been no change during the marriage that had significantly effected Ms Lowe’s financial circumstances. Justice would be done in the matter provided that Ms Lowe were left no better or worse in the context of her life expectancy. The judge identified monies claimed to be needed by Ms Lowe to meet renovation costs on her home which equated to $73,000.00 or thereabouts. His Honour made a payment of $100,000.00 to Ms Lowe.
