Webb v Webb; Estate of W E Webb [1999] NSWSC 343

Webb v Webb; Estate of W E Webb [1999] NSWSC 343

Each of the four contesting plaintiffs was left without adequate provision, having regard to the substantial estate, their financial circumstances, health, earning capacity and needs. The family estrangement arose from a long and unhappy history and no conduct by those plaintiffs was established that should preclude or reduce relief. Proper provision was $220,000 for Barry Webb and $120,000 each for Brenda Kitteridge, Graham Webb and Peter Webb. Barbara Graham's settlement was appropriate and should be approved. The burden of provision should not fall on Barbara's, Joseph's or John's one-fifteenth shares, while Brian's share should be substantially untouched; the remaining relevant shares...

Jurisdiction
Australia
Judgment Date
16 April 1999
Procedural Posture
Family Provision Proceedings Under the Family Provision Act 1982 Concerning the Estate of Wilhelmina Emma Webb / Final Judgment After Hearing Four Contested Claims and Considering Approval of Settlement of the Fifth Claim
Outcome
Provision made for four plaintiffs and settlement of claim by fifth approved.
Legal Topics
['family Provision' 'adult Children' 'adequate Provision for Proper Maintenance, Education and Advancement in Life' 'estrangement and Family Conduct' 'approval of Settlement' 'incidence of Provision on Estate Shares']
['succession' 'equity'] ['family Provision' 'adult Children' 'adequate Provision for Proper Maintenance, Education and Advancement in Life' 'estrangement and Family Conduct' 'approval of Settlement' 'incidence of Provision on Estate Shares']

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Procedural Posture

Family Provision Proceedings Under the Family Provision Act 1982 Concerning the Estate of Wilhelmina Emma Webb / Final Judgment After Hearing Four Contested Claims and Considering Approval of Settlement of the Fifth Claim

Legal Issues

  1. 1 ["Whether each of Brenda May Kitteridge, Barry Neil Webb, Graham David Webb and Peter Allen Webb was left without adequate provision for proper maintenance, education and advancement in life by the testator's will." 'If adequate provision was not made, what provision ought to be made out of the estate for each successful plaintiff.' "Whether the settlement of Barbara Linda Graham's family provision claim should be approved under s 31 of the Family Provision Act 1982." 'Whether alleged conduct of the four youngest children in relation to estrangement from the testator should preclude or affect relief.' 'Which portions of the estate should bear the burden of the provision made by the Court.' 'Whether provision for Barry Webb or Peter Webb should be placed in a protective trust.']

Ratio Decidendi

Each of the four contesting plaintiffs was left without adequate provision, having regard to the substantial estate, their financial circumstances, health, earning capacity and needs. The family estrangement arose from a long and unhappy history and no conduct by those plaintiffs was established that should preclude or reduce relief. Proper provision was $220,000 for Barry Webb and $120,000 each for Brenda Kitteridge, Graham Webb and Peter Webb. Barbara Graham's settlement was appropriate and should be approved. The burden of provision should not fall on Barbara's, Joseph's or John's one-fifteenth shares, while Brian's share should be substantially untouched; the remaining relevant shares...

Court Disposition

Provision made for four plaintiffs and settlement of claim by fifth approved.

Orders

  • ['Provision ought be made for Barry Neil Webb in the sum of $220,000.' 'Provision ought be made for Brenda May Kitteridge in the sum of $120,000.' 'Provision ought be made for Graham David Webb in the sum of $120,000.' 'Provision ought be made for Peter Allen Webb in the sum of $120,000.' "The settlement of Barbara...