In the matter of the Estate of the late George Darcy Inwood and the Family Provision Act; Bruce Patrick Inwood & Anor v Mary Ellen Ewin & Anor [2011] NSWSC 1489

In the matter of the Estate of the late George Darcy Inwood and the Family Provision Act; Bruce Patrick Inwood & Anor v Mary Ellen Ewin & Anor [2011] NSWSC 1489

Alleged representations regarding the 'front block' and 'back block' were not established or relied upon; equitable estoppel and family provision claims in respect of those blocks fail. Representation concerning the 'house block' is established, giving rise to estoppel or equitable lien. Provision under the will for Mr Inwood was not inadequate; no additional provision ordered under the Family Provision Act.

Parties
First Plaintiff: Bruce Patrick Inwood; Second Plaintiff: Sharon Elizabeth Inwood; First Defendant: Mary Ellen Ewin; Second Defendant: Kathryn Lynette Pearce
Jurisdiction
Australia
Judgment Date
06 December 2011
Procedural Posture
Principal Judgment / Final Judgment
Outcome
Plaintiffs succeeded in respect of the house block only; all other claims dismissed.
Legal Topics
Equitable Estoppel, Family Provision
Equity Succession Law Equitable Estoppel Family Provision

Case Brief

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Parties

Bruce Patrick Inwood

First Plaintiff

Sharon Elizabeth Inwood

Second Plaintiff

Mary Ellen Ewin

First Defendant

Kathryn Lynette Pearce

Second Defendant

Procedural Posture

Principal Judgment / Final Judgment

Legal Issues

  1. 1 Whether representations by the deceased in respect of the 'front block', 'back block', and 'house block' were made and relied upon by the plaintiffs
  2. 2 Whether the estate is estopped from denying those representations
  3. 3 Whether equitable relief (such as estoppel or lien) should be granted regarding the house block

Ratio Decidendi

Alleged representations regarding the 'front block' and 'back block' were not established or relied upon; equitable estoppel and family provision claims in respect of those blocks fail. Representation concerning the 'house block' is established, giving rise to estoppel or equitable lien. Provision under the will for Mr Inwood was not inadequate; no additional provision ordered under the Family Provision Act.

Court Disposition

Plaintiffs succeeded in respect of the house block only; all other claims dismissed.

Orders

  • Relief regarding the house block, either by further opportunity for subdivision or imposition of an equitable lien for $140,000 in favour of the plaintiffs. Form of order to be determined after hearing further from the parties.