Last v Lewis [2022] NSWSC 791

Last v Lewis [2022] NSWSC 791

Court declined to approve the release in the Deed as Robyn did not enter into it freely and without full independent advice, particularly regarding joint acquisition with her husband and risks of marital breakdown. Robyn's medical and financial needs justified further provision from the estate.

Jurisdiction
Australia
Judgment Date
16 June 2022
Procedural Posture
Family Provision Claim and Cross Claim for Approval of Release / Final Judgment
Outcome
Plaintiff's claim for further provision allowed; cross claim dismissed.
Legal Topics
['family Provision' 'approval of Release' 'deed of Family Arrangement' "testator's Family Maintenance"]
['succession Law' 'equity'] ['family Provision' 'approval of Release' 'deed of Family Arrangement' "testator's Family Maintenance"]

Case Brief

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Procedural Posture

Family Provision Claim and Cross Claim for Approval of Release / Final Judgment

Legal Issues

  1. 1 ['Whether clause 7(e) of the Deed of Family Arrangement constitutes a release under s 95 of the Succession Act 2006 (NSW)' 'Whether the Court should approve the release of family provision rights under s 95 Succession Act' 'Whether adequate and proper provision was made for the plaintiff' 'Nature and quantum of provision to be made']

Ratio Decidendi

Court declined to approve the release in the Deed as Robyn did not enter into it freely and without full independent advice, particularly regarding joint acquisition with her husband and risks of marital breakdown. Robyn's medical and financial needs justified further provision from the estate.

Court Disposition

Plaintiff's claim for further provision allowed; cross claim dismissed.

Orders

  • ['Cross claim dismissed.' 'Provision ordered: plaintiff to receive a lump sum of $425,000 from the estate.' 'If paid within 14 days no interest; otherwise, interest payable under s 84A(3) Probate and Administration Act 1898 (NSW).' 'Provision to come from residuary estate.' "Plaintiff's costs on ordinary basis to be...