1: Miller v Duncan Robert Warren as Executor of the Estate of Muriel Josephone Costigan [2009] WASC 115 | October 29, 2012

Court or Tribunal: Supreme Court of Western Australia
Catchwords: Family Provision, Family Provision, Moral Duty, Succession, Succession, Wills
Judges:  LE MIERE J


Background: John Costigan and Muriel Josephine Costigan were married for 62 years before Mr Costigan died on 9 July 2004. There were four children of the marriage (one has since deceased): The plaintiff was the second daughter, Meredith. The defendants were the first and third daughers, Suzanne & Robynne. Muriel Costigan, the mother, was deceased on 20 May 2007 and left a will. Under her will the mother left the plaintiff $50,000 in shares. The mother left assets totalling $1,780,538.96 to Suzanne and Robynne in equal shares.  
 
  [Legal Issue]The plaintiff claims that she has been left without adequate provision for her proper maintenance, support or advancement in life and applies under s 6 of the Inheritance (Family and Dependants Provision) Act 1972 (WA) (the Act) for an order that such provision as the court thinks fit be made out of the estate for that purpose. The legal issue for the Court will consider whether adequate provision had been made for the plaintiff's proper maintenance, support or advancement in life. Whether the deceased had a moral duty to make further provision for the plaintiff after 30 years of estrangement. Turns on own facts   [Court Orders]Will varied to make further provision for plaintiff. The will of the deceased should be varied by providing that the sum of $260,000 be paid to the plaintiff from the estate after the distribution, in accordance with the will, of the furniture, paintings, jewellery and other household goods and the proceeds of the sale of the Investa Property Trust shares, as well as the Department of Veterans Affairs one off payment.     


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