Bladwell and Davis v Davis and Bladwell [2003] NSWSC 882

Bladwell and Davis v Davis and Bladwell [2003] NSWSC 882

The Plaintiffs established an entitlement to additional provision from the estate under the Family Provision Act 1982, with Lesley Ann Davis to receive $60,000 and Peter Robert Davis to receive $80,000 in lieu of their original legacies, given their financial circumstances. Competing claims of the de facto widow and other beneficiaries did not warrant reducing this provision; actual source from estate assets was left open pending further application.

Parties
Plaintiff (2430/02), Defendant (3420/02), Executor of Estate of the Late Robert Michael Davis: Helen Jean Bladwell; First Defendant (2430/02), First Plaintiff (3420/02), Co Executor of Estate of the Late Robert Michael Davis: Lesley Ann Davis; Second Defendant (2430/02), Second Plaintiff (3420/02): Peter Robert Davis
Jurisdiction
Australia
Judgment Date
26 September 2003
Procedural Posture
Succession/french Provision Applications / Judgment After Hearing
Outcome
Application for further provision allowed. In 2430/02, summons dismissed with costs to be paid from estate. In 3420/02, Plaintiffs awarded legacies of $60,000 and $80,000 in lieu of will legacies, with parties reserved liberty to apply as to how additional provision is to be borne by estate.
Legal Topics
Family Provision, Claims by Adult Children, Distribution of Estate, Competing Beneficiary Claims
Succession Law Equity Family Provision Claims by Adult Children Distribution of Estate Competing Beneficiary Claims

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Parties

Helen Jean Bladwell

Plaintiff (2430/02), Defendant (3420/02), Executor of Estate of the Late Robert Michael Davis

Lesley Ann Davis

First Defendant (2430/02), First Plaintiff (3420/02), Co Executor of Estate of the Late Robert Michael Davis

Peter Robert Davis

Second Defendant (2430/02), Second Plaintiff (3420/02)

Procedural Posture

Succession/french Provision Applications / Judgment After Hearing

Legal Issues

  1. 1 Whether the Plaintiffs, as adult children, are entitled to further provision from the estate of the late Robert Michael Davis under the Family Provision Act 1982
  2. 2 How additional provision for the Plaintiffs should be met (from residue or other parts of the estate)
  3. 3 Entitlement to costs from the estate

Ratio Decidendi

The Plaintiffs established an entitlement to additional provision from the estate under the Family Provision Act 1982, with Lesley Ann Davis to receive $60,000 and Peter Robert Davis to receive $80,000 in lieu of their original legacies, given their financial circumstances. Competing claims of the de facto widow and other beneficiaries did not warrant reducing this provision; actual source from estate assets was left open pending further application.

Court Disposition

Application for further provision allowed. In 2430/02, summons dismissed with costs to be paid from estate. In 3420/02, Plaintiffs awarded legacies of $60,000 and $80,000 in lieu of will legacies, with parties reserved liberty to apply as to how additional provision is to be borne by estate.

Orders

  • In 2430/02: (1) Summons dismissed; (2) Costs of Plaintiff on indemnity basis to be paid out of the estate, with no other order as to costs.
  • In 3420/02: (1) Lesley Ann Davis to receive a legacy of $60,000 and Peter Robert Davis to receive a legacy of $80,000 in lieu of benefits under the will, such legacies to bear interest if unpaid after 26 October 2003, per Wills, Probate and Administration Act 1898; (2) Liberty reserved to apply as to source of...