Lester & Ors v Lester & Ors; In the Estate of Dulcie Brown [2020] NSWSC 958

Lester & Ors v Lester & Ors; In the Estate of Dulcie Brown [2020] NSWSC 958

Denise and Megan satisfied the eligibility requirements of s 57(1)(e) as Dulcie’s grandchildren who had been partly dependent on her and had provided care significantly beyond the ordinary relationship, thereby warranting provision; adequate provision had not been made. Clark Senior was not an eligible person as he was not found to be a member of the same household as the deceased; Clark Junior’s circumstances did not give rise to factors warranting provision. Appropriate provision of $65,000 for Denise and $55,000 for Megan should be ordered, with 80% of the burden to fall on Paul and 20% on Terry.

Jurisdiction
Australia
Judgment Date
27 July 2020
Procedural Posture
Family Provision Claim / Final Judgment
Outcome
Provision ordered from estate in respect of second and third plaintiffs; application otherwise dismissed.
Legal Topics
['family Provision' 'eligibility Under Succession Act 2006 (nsw)' 'grandchildren Claims' 'member of Household' 'claim by Adult Son in Law' 'burden of Provision']
['succession Law' 'equity'] ['family Provision' 'eligibility Under Succession Act 2006 (nsw)' 'grandchildren Claims' 'member of Household' 'claim by Adult Son in Law' 'burden of Provision']

Case Brief

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Procedural Posture

Family Provision Claim / Final Judgment

Legal Issues

  1. 1 ['Whether each plaintiff was an eligible person under s 57(1)(e) Succession Act 2006 (NSW)' 'Whether there were factors warranting the making of the application' 'Whether adequate provision was made for the plaintiffs in the will' 'Determination of the quantum and burden of any family provision order']

Ratio Decidendi

Denise and Megan satisfied the eligibility requirements of s 57(1)(e) as Dulcie’s grandchildren who had been partly dependent on her and had provided care significantly beyond the ordinary relationship, thereby warranting provision; adequate provision had not been made. Clark Senior was not an eligible person as he was not found to be a member of the same household as the deceased; Clark Junior’s circumstances did not give rise to factors warranting provision. Appropriate provision of $65,000 for Denise and $55,000 for Megan should be ordered, with 80% of the burden to fall on Paul and 20% on Terry.

Court Disposition

Provision ordered from estate in respect of second and third plaintiffs; application otherwise dismissed.

Orders

  • ['Provision of $65,000 for Denise Lester to be made from the estate.' 'Provision of $55,000 for Megan Michelle Lester to be made from the estate.' 'The provision for each is to be borne by the legacies to Paul Charles Brown (80%) and Terrence Myles Brown (20%).' 'Applications of Clark Lester (Senior) and Clark...