This case concerns an application for dependant's relief under the Succession Law Reform Act by a common-law spouse against the intestate estate of her deceased partner.
The deceased's adult daughter had died after him, and her estate trustee claimed the estate under intestacy rules to support the daughter's three young children.
The court determined that the common-law spouse was the sole dependant under the Act, as the adult daughter did not meet the criteria for dependency.
Finding that the deceased had not made adequate provision for the spouse's support, the court held that her legal and moral claims took precedence over the daughter's intestacy claim.
The common-law spouse was awarded the entire remaining balance of the estate.
