Leverton v Predny [2024] NSWSC 1638

Leverton v Predny [2024] NSWSC 1638

The will did not make adequate provision for Adam or Alicia. Although the plaintiffs' relationship with the testator was marked by periods of tension and limited contact, these were explained by family history and not conduct so reprehensible as to disentitle them. The size of the estate allowed provision to be made for Adam ($250,000) and Alicia ($300,000), still leaving a substantial residue for the principal beneficiary, and thus respecting the testator's intentions.

Parties
First Plaintiff: Adam Leverton; Second Plaintiff: Alicia Leverton; First Defendant: David Predny; Second Defendant: Agnes Day
Jurisdiction
Australia
Judgment Date
19 December 2024
Procedural Posture
Family Provision / Final Hearing and Judgment
Outcome
Family provision orders made for each plaintiff
Legal Topics
Family Provision, Adequate Provision, Estrangement/lack of Contact, Adult Children's Claims, Freedom of Testation
Succession Law Equity Family Provision Adequate Provision Estrangement/lack of Contact Adult Children's Claims Freedom of Testation

Case Brief

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Parties

Adam Leverton

First Plaintiff

Alicia Leverton

Second Plaintiff

David Predny

First Defendant

Agnes Day

Second Defendant

Procedural Posture

Family Provision / Final Hearing and Judgment

Legal Issues

  1. 1 Whether adequate and proper provision was made for the plaintiffs by the will
  2. 2 Effect of plaintiffs' relationship with testator on provision
  3. 3 Appropriate quantum of provision given competing claims

Ratio Decidendi

The will did not make adequate provision for Adam or Alicia. Although the plaintiffs' relationship with the testator was marked by periods of tension and limited contact, these were explained by family history and not conduct so reprehensible as to disentitle them. The size of the estate allowed provision to be made for Adam ($250,000) and Alicia ($300,000), still leaving a substantial residue for the principal beneficiary, and thus respecting the testator's intentions.

Court Disposition

Family provision orders made for each plaintiff

Orders

  • Adam Leverton to receive $250,000 from the estate of Cheryl Leverton
  • Alicia Leverton to receive $300,000 from the estate of Cheryl Leverton