HANSON v THE PUBLIC TRUSTEE [1991] NSWCA 142

HANSON v THE PUBLIC TRUSTEE [1991] NSWCA 142

There was no error of principle in the Master's refusal to make an order for the plaintiff under the Family Provision Act, as the estate was too small to provide for both claimants, and any provision for the plaintiff would unjustly deprive the beneficiary (who was living in the house left to her) of reasonable accommodation.

Parties
Appellant / Plaintiff: Hanson; Respondent / Executor: The Public Trustee
Jurisdiction
Australia
Judgment Date
15 July 1991
Procedural Posture
Appeal / Judgment on Appeal From Dismissal of Application Under Family Provision Act
Outcome
Appeal dismissed with costs.
Legal Topics
Family Provision Act Applications, Discretion to Refuse Relief, Small Estate, Moral Obligation of Testatrix
Succession Law Family Provision Family Provision Act Applications Discretion to Refuse Relief Small Estate Moral Obligation of Testatrix

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Parties

Hanson

Appellant / Plaintiff

The Public Trustee

Respondent / Executor

Procedural Posture

Appeal / Judgment on Appeal From Dismissal of Application Under Family Provision Act

Legal Issues

  1. 1 Whether the Master erred in exercising discretion to refuse relief under the Family Provision Act due to limited size of estate and competing claims

Ratio Decidendi

There was no error of principle in the Master's refusal to make an order for the plaintiff under the Family Provision Act, as the estate was too small to provide for both claimants, and any provision for the plaintiff would unjustly deprive the beneficiary (who was living in the house left to her) of reasonable accommodation.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.