Wayne Laurence Savage v Rebecca Ferguson [2014] NSWSC 703

The provision in Mrs Savage’s will ($5,000) was not adequate for Wayne’s proper maintenance given his standing as an eligible person under s 57, his health issues, and community expectations regarding provision for adult children from available assets. Balancing Wayne’s asset position and Rebecca’s greater needs, the court determined a total provision of $50,000 for Wayne, thus ordering an additional $45,000 to him.

Parties: First Plaintiff: Wayne Laurence Savage; Second Plaintiff: Marilyn Frances Smith; First Defendant: Rebecca Ferguson
Jurisdiction: Australia
Judgment Date: 30 May 2014
Procedural Posture: Family Provision Application / Principal Judgment
Outcome: order for provision made
Legal Topics: Adult Children Claims, Adequate Provision, Succession Act 2006 S 59 and S 60

Succession Law Family Provision Adult Children Claims Adequate Provision Succession Act 2006 S 59 and S 60

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Parties

Wayne Laurence Savage

First Plaintiff

Marilyn Frances Smith

Second Plaintiff

Rebecca Ferguson

First Defendant

Procedural Posture

Family Provision Application / Principal Judgment

Legal Issues

1 Whether the testamentary provision for Wayne Laurence Savage was adequate for his proper maintenance, education or advancement in life
2 What additional provision (if any) ought to be made for Wayne Laurence Savage from the estate under Succession Act 2006 (NSW)

Ratio Decidendi

Court Disposition

order for provision made

Orders

Additional provision of $45,000 from the estate of Shirley Gladys Savage in favour of Wayne Laurence Savage
Provision for Marilyn Frances Smith set by consent at $80,000 plus $24,500 for costs