Bishop v White & anor in the Estate of White; Bishop v White [2006] NSWSC 354

Bishop v White & anor in the Estate of White; Bishop v White [2006] NSWSC 354

The deceased's provision for Joanne Mary Bishop should be varied because her need for secure accommodation outside her current Housing Commission area required that the trustees be obliged, on her reasonable request, to purchase a home for her occupation during life, up to a purchase price of $360,000, while an absolute gift was not justified given the adequacy of a life accommodation trust and the deceased's justified concerns. Cyrus Anthony Guy Bishop was not entitled to further provision because, while he had serious illness and limited means, his present accommodation and known needs were met while living with his mother, extravagant claimed items were not justified, and any need for...

Jurisdiction
Australia
Judgment Date
27 April 2006
Procedural Posture
Claims Under the Family Provision Act 1982 for Provision Out of the Estate of Una Lillian White / Judgment After Hearing
Outcome
Provision for Joanne Mary Bishop varied to require trustees to purchase a house for her to occupy during her life if requested; no provision made for Cyrus Anthony Guy Bishop and his claim dismissed.
Legal Topics
['adequacy of Testamentary Provision for Adult Daughter' 'grandchild as Eligible Person' 'life Interest and Trust Provision' 'purchase of Accommodation From Estate Funds' 'schizophrenia and Financial Need' 'costs in Family Provision Proceedings']
['succession' 'family Provision' 'equity'] ['adequacy of Testamentary Provision for Adult Daughter' 'grandchild as Eligible Person' 'life Interest and Trust Provision' 'purchase of Accommodation From Estate Funds' 'schizophrenia and Financial Need' 'costs in Family Provision Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Claims Under the Family Provision Act 1982 for Provision Out of the Estate of Una Lillian White / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the provision made by the deceased for Joanne Mary Bishop failed to make proper provision for her maintenance and advancement.' 'Whether Joanne Mary Bishop should receive an absolute interest sufficient to buy a home in her own name, rather than a life interest under the will.' "Whether Cyrus Anthony Guy Bishop's application as a grandchild was warranted and whether provision should be made for him out of the estate." "Whether provision should be made for Cyrus Anthony Guy Bishop's separate accommodation or accommodation after his mother's death."]

Ratio Decidendi

The deceased's provision for Joanne Mary Bishop should be varied because her need for secure accommodation outside her current Housing Commission area required that the trustees be obliged, on her reasonable request, to purchase a home for her occupation during life, up to a purchase price of $360,000, while an absolute gift was not justified given the adequacy of a life accommodation trust and the deceased's justified concerns. Cyrus Anthony Guy Bishop was not entitled to further provision because, while he had serious illness and limited means, his present accommodation and known needs were met while living with his mother, extravagant claimed items were not justified, and any need for...

Court Disposition

Provision for Joanne Mary Bishop varied to require trustees to purchase a house for her to occupy during her life if requested; no provision made for Cyrus Anthony Guy Bishop and his claim dismissed.

Orders

  • ["The parties are to bring in short minutes to give effect to the reasons concerning Joanne Mary Bishop's claim." "Trustees should be required to act on Joanne Mary Bishop's request to purchase a house to a purchase price of $360,000, with appropriate arrangements for substituted accommodation during her life." "The...