In McDermott v McDermott & Anor [2023] QSC 163, Christopher Martin McDermott sought further provision from the estate of his late father, William Terence Chisholm McDermott. Christopher claimed that the provision made under his father's will, through a testamentary discretionary trust, was insufficient for his maintenance and support. He argued for an adjustment of the will to grant him additional benefits, including properties and income from the estate's real estate assets. The court carefully analyzed whether the existing provisions made under the will for Christopher's benefit, in the form of accommodation and a potential allowance managed by a trustee, were adequate for his proper maintenance, education, and advancement in life.
The judgment reflects a thorough examination of the competing claims on the estate and the intentions of the testator, William McDermott, especially concerning Christopher's ability to manage finances and his living arrangements. The court ultimately decided against Christopher, emphasizing the discretionary power vested in the trust's trustees to support him adequately and the mechanisms within the will that safeguarded his interests. This case elucidates on the nuanced considerations involved in family provision claims, especially when assessing the appropriate level of support for beneficiaries with specific needs and the testator's intentions.