HUGHES v HUGHES [1989] NSWCA 102

HUGHES v HUGHES [1989] NSWCA 102

The testator failed to make adequate provision for his daughter who was in needy circumstances, given their relationship, her age, ill-health and limited means, despite the fact she was an adult and had lived abroad. The appeal must be dismissed as the order in her favour was reasonable and within judicial discretion.

Parties
Appellant/executor: William Hughes; Respondent/daughter of Testator: [First name not stated] Hughes (daughter)
Jurisdiction
Australia
Judgment Date
06 June 1989
Procedural Posture
Appeal / On Appeal From Decision Granting Family Provision
Outcome
Appeal dismissed with costs
Legal Topics
Testator's Family Maintenance, Family Provision Act, Rights of Adult Child
Succession Law Testator's Family Maintenance Family Provision Act Rights of Adult Child

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Parties

William Hughes

Appellant/executor

[First name not stated] Hughes (daughter)

Respondent/daughter of Testator

Procedural Posture

Appeal / On Appeal From Decision Granting Family Provision

Legal Issues

  1. 1 Whether adequate provision for the testator's adult daughter was made under the will pursuant to the Family Provision Act
  2. 2 Whether the testator owed a duty to provide for the adult daughter given her circumstances

Ratio Decidendi

The testator failed to make adequate provision for his daughter who was in needy circumstances, given their relationship, her age, ill-health and limited means, despite the fact she was an adult and had lived abroad. The appeal must be dismissed as the order in her favour was reasonable and within judicial discretion.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Order for costs to respondent