Allchin v Allchin [2012] NSWSC 1028

Allchin v Allchin [2012] NSWSC 1028

Extension of time to bring a family provision claim was justified for all plaintiffs except the first plaintiff due to ongoing negotiations and reasonable reliance on the first defendant's assurances; provision of $125,000 for each of the six eligible children was appropriate, taking into account their needs and the competing needs of the widow; one half of the Quakers Road property was designated as notional estate to the extent necessary to satisfy these orders and any costs, given the absence of valuable consideration for the deceased's failure to sever the joint tenancy.

Jurisdiction
Australia
Judgment Date
03 September 2012
Procedural Posture
Family Provision Application / Judgment After Final Hearing
Outcome
Extension of time granted for second to seventh plaintiffs; refused for first plaintiff; legacies of $125,000 ordered for each successful plaintiff payable after three years or upon earlier sale; one half of Quakers Road property designated notional estate for these purposes; costs to be determined.
Legal Topics
['family Provision Act Application' 'notional Estate' 'extension of Time' 'proper Maintenance and Support' 'competing Claims Between Widow and Adult Children']
['succession Law' 'equity'] ['family Provision Act Application' 'notional Estate' 'extension of Time' 'proper Maintenance and Support' 'competing Claims Between Widow and Adult Children']

Case Brief

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Procedural Posture

Family Provision Application / Judgment After Final Hearing

Legal Issues

  1. 1 ['Whether the plaintiffs should be granted an extension of time to bring a family provision application' 'Whether further provision should be made for the adult children from the estate' 'Whether property should be designated as notional estate to satisfy the claim']

Ratio Decidendi

Extension of time to bring a family provision claim was justified for all plaintiffs except the first plaintiff due to ongoing negotiations and reasonable reliance on the first defendant's assurances; provision of $125,000 for each of the six eligible children was appropriate, taking into account their needs and the competing needs of the widow; one half of the Quakers Road property was designated as notional estate to the extent necessary to satisfy these orders and any costs, given the absence of valuable consideration for the deceased's failure to sever the joint tenancy.

Court Disposition

Extension of time granted for second to seventh plaintiffs; refused for first plaintiff; legacies of $125,000 ordered for each successful plaintiff payable after three years or upon earlier sale; one half of Quakers Road property designated notional estate for these purposes; costs to be determined.

Orders

  • ['The time for the second, third, fourth, fifth, sixth and seventh plaintiffs to bring their application is extended to 2 June 2011.' "Extension of time refused for the first plaintiff's application." "One half of the first defendant's property at Quakers Road, Mosman is designated as notional estate of the late...