Contesting Wills Victoria - Spouse / Partner House Life Interest - Is it enough?
Broadening Spouse / Partner House Life Interests
The Victorian County Court 5 June 2023 Contesting Wills judgment that leaving a life interest to a spouse / partner to reside in a deceased’s house is inadequate provision demonstrates that Courts are prepared to in effect re-write Wills by broadening spouse / partner house life interests.
Spouse / Partner Contesting Wills – Key Case Points – Stephens -V- Hammel & Ors
- Claimant spouse Julie and her deceased domestic partner Georg had lived in Georg’s house for about 19 years before he died.
- Georg’s Will gave Julie a right to reside in his house for the rest of her life but no other provision.
- On Julie ceasing to reside in the house during her lifetime, Georg’s 3 adult children were equal beneficiaries to it.
- Julie made a Will contesting claim asserting the life interest to reside in the house was not adequate provision for her proper maintenance and support.
Spouse / Partner Contesting Wills – Decision Points
Julie’s claim succeeded in the Court granting her a flexible life interest meaning she could:
- Reside in the house for life; or
- Require the house to be sold by the executor and have all or part of the proceeds applied to:
- The purchase of a replacement house; or
- The payment of any aged care facility refundable accommodation bond; or
- The establishment / management of an investment fund with the net income to go to Julie.
The flexible life interest gave Julie the right to decide where she live in ensuring the benefit of the house life interest set out in the Will continued throughout her lifetime.
Spouse / Partner Contesting Wills – Decision Reasons
- Georg’s house was unsuitable for Julie’s long term needs because of its size, required upkeep, maintenance & need to renovate.
- The Court noted Georg’s moral duty to provide for Julie comes before any duty to provide for his adult children.
- Critically, Georg’s moral duty to provide a residence for Julie extended beyond the period of time in which his house may be suitable for her.
- Proper provision required Julie be provided a means to secure her residence if and when Georg’s house ceased to meet her needs.
- The granting of the flexible life interest acknowledged and protected Georg’s wish to leave the ultimate benefit of the value of his house to his 3 adult children.
Get contesting Wills advice now
If you are a spouse/ partner and have been left a house life interest to reside, you can likely contest the Will to claim additional provision which may include a flexible life interest.
Find out more about contesting a Will
Talk to one of our Will dispute lawyers now about contesting a Will.
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