The recent decision of Keighran v Bishop [2025] NSWSC 1553 (19 December 2025) involved an application for a Family Provision Order by the spouse of the deceased.
Family Provision Order
The deceased was survived by his five children, his wife (the applicant) of 18 years and his ex-wife.
As is often the case in matters involving claims for provision or further provision, this case involved a sad set of circumstances.
About three weeks before he died, the deceased made a will leaving his whole estate to his five children in equal shares and nothing to his wife. The deceased also severed the joint tenancy over the marital home.
While the deceased and the plaintiff were in a happy and committed relationship, things soured in the last four months of the deceased’s life. This occurred after the deceased moved in with one of his daughters to help with his medical treatment. There was an incident with the applicant and two of the deceased’s children, after which, the applicant stopped visiting her husband.
This case did not involve a large estate – it comprised a half share in a property. The deceased also had some superannuation.
The importance of this case was that it reinforced the general duty of the deceased to his or her spouse to provide the following:
- A home to live in;
- An income to which he or she is accustomed to; and
- A fund for contingencies in life.
Testamentary Obligation
Separation will not sever a spouse’s testamentary obligation, however, it will be a factor.
This case also highlighted that a surviving spouse’s position is no longer paramount where there are other competing claims.
It was noted in this case that the applicant’s financial position was far superior to all but one of the deceased’s children.
Estate Litigation
Ultimately, his Honour Brereton J held that a Family Provision Order should be made in favour of the applicant. The applicant was provided with the deceased’s interest in the marital home, subject to a charge to pay the estate the sum of $125,000 when the property was sold. This meant that the applicant received half of the estate, but she was able to remain in the marital home, and the deceased’s children (who had strong competing claims) received the other half.
The costs in this case were also significant, with total costs for both parties amounting to almost $450,000. Costs orders had not yet been made at the time of writing. However, this case highlights how expensive litigation can be once embarked upon.
By Maree Harris – Special Counsel
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Read More on:
Estate Planning and Avoiding Family Provision Claims.
Defending a family provision application in NSW
Implications of Death for Family Law Matters
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