Alexander v Jansson; Jansson v Alexander [2009] NSWSC 1000

Alexander v Jansson; Jansson v Alexander [2009] NSWSC 1000

Mrs Jansson was found to be an eligible person under the Family Provision Act due to her dependency on the Deceased and her cohabitation; she received no provision on intestacy and would be deprived of her long-term residence. The Court ordered an extension of time for her application and awarded her the homestead lot as notional estate, finding no prejudice or competing financial claims of the beneficiaries strong enough to override her needs. The rest of the property, apart from the homestead, was to be subject to a trust for sale with Mrs Jansson's consent.

Jurisdiction
Australia
Judgment Date
23 September 2009
Procedural Posture
Family Provision and Property (statutory Trust for Sale) / Final Judgment After Opposed Hearing
Outcome
Family Provision granted to Plaintiff; extension of time granted; statutory trust for sale ordered for balance of property, minus homestead.
Legal Topics
['conveyancing Co Ownership' 'statutory Trust for Sale' 'family Provision' 'extension of Time for Application' 'dependency' 'dispossession of Home' 'needs of Elderly Applicant']
['real Property' 'succession Law'] ['conveyancing Co Ownership' 'statutory Trust for Sale' 'family Provision' 'extension of Time for Application' 'dependency' 'dispossession of Home' 'needs of Elderly Applicant']

Case Brief

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Procedural Posture

Family Provision and Property (statutory Trust for Sale) / Final Judgment After Opposed Hearing

Legal Issues

  1. 1 ['Whether Mrs Jansson is an eligible person under the Family Provision Act' 'Whether Mrs Jansson should receive provision from the estate of the Deceased' 'Whether time should be extended for bringing Family Provision claim' 'Whether trustees for sale should be appointed for Gerraween']

Ratio Decidendi

Mrs Jansson was found to be an eligible person under the Family Provision Act due to her dependency on the Deceased and her cohabitation; she received no provision on intestacy and would be deprived of her long-term residence. The Court ordered an extension of time for her application and awarded her the homestead lot as notional estate, finding no prejudice or competing financial claims of the beneficiaries strong enough to override her needs. The rest of the property, apart from the homestead, was to be subject to a trust for sale with Mrs Jansson's consent.

Court Disposition

Family Provision granted to Plaintiff; extension of time granted; statutory trust for sale ordered for balance of property, minus homestead.

Orders

  • ['Time for institution of proceedings extended up to and including 11 June 2008.' 'Property in folio identifier 39/753689 designated as notional estate of the late Eric Martin Jansson.' 'Plaintiff (Mrs Jansson) to receive the notional estate (homestead lot) absolutely.' "Plaintiff's costs on party and party basis...