Davis & Ors v Hore & Ors [1999] NSWSC 1265

Davis & Ors v Hore & Ors [1999] NSWSC 1265

Given the clean financial break following property settlement (75% to widow) and the widow's earning capacity, no further provision is warranted for her; additional provision of $31,000 for maintenance and education is made for the daughter (second plaintiff) considering her ongoing and future educational needs.

Jurisdiction
Australia
Judgment Date
28 October 1999
Procedural Posture
Family Provision Application / Judgment
Outcome
Summons dismissed as against the first plaintiff; further provision ordered for second plaintiff.
Legal Topics
['family Provision' 'maintenance and Education of Children' 'effect of Property Settlements' 'eligibility Under Family Provision Act 1982']
['succession Law'] ['family Provision' 'maintenance and Education of Children' 'effect of Property Settlements' 'eligibility Under Family Provision Act 1982']

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Procedural Posture

Family Provision Application / Judgment

Legal Issues

  1. 1 ["Whether further provision out of the deceased's estate should be made for the widow (first plaintiff) and/or the daughter (second plaintiff) under the Family Provision Act 1982, considering prior property settlement and existing provisions."]

Ratio Decidendi

Given the clean financial break following property settlement (75% to widow) and the widow's earning capacity, no further provision is warranted for her; additional provision of $31,000 for maintenance and education is made for the daughter (second plaintiff) considering her ongoing and future educational needs.

Court Disposition

Summons dismissed as against the first plaintiff; further provision ordered for second plaintiff.

Orders

  • ['Additional legacy of $31,000 to be paid to Julia Penelope Hore (second plaintiff) in addition to her legacy under the will.' 'Second plaintiff’s costs to be paid out of the estate on an indemnity basis.' 'First plaintiff’s summons dismissed; first plaintiff to pay the defendant’s costs of her proceedings.'...