Re Estate of Ian McDermott; Application of Aiveh Ahmad [2015] NSWSC 588

Re Estate of Ian McDermott; Application of Aiveh Ahmad [2015] NSWSC 588

The plaintiff was an eligible person in favour of whom family provision relief should be made under the Succession Act 2006 NSW because she was the deceased's stepdaughter, had a familial claim on the estate, and her substantial need for assistance totally subsumed the available estate; the likely contradictors had notice and did not oppose the claim.

Jurisdiction
Australia
Judgment Date
18 May 2015
Procedural Posture
Application for Family Provision Relief Under Chapter 3 of the Succession Act 2006 NSW / Ex Tempore Principal Judgment; Orders Made on 18 May 2015
Outcome
Family provision relief granted, on case proved and in absence of contradictor.
Legal Topics
['family Provision Order' "stepdaughter's Claim Against Intestate Estate" 'estate Passing to the State on Intestacy' 'proceeding in Absence of Contradictor' 'costs Out of Estate']
['succession Law' 'family Provision' 'intestacy'] ['family Provision Order' "stepdaughter's Claim Against Intestate Estate" 'estate Passing to the State on Intestacy' 'proceeding in Absence of Contradictor' 'costs Out of Estate']

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Procedural Posture

Application for Family Provision Relief Under Chapter 3 of the Succession Act 2006 NSW / Ex Tempore Principal Judgment; Orders Made on 18 May 2015

Legal Issues

  1. 1 ["Whether the plaintiff, as the deceased's stepdaughter, was a person in whose favour family provision relief should be granted under the Succession Act 2006 NSW." 'Whether the Court could proceed where likely contradictors had notice of the proceedings but elected not to appear.' "Whether the plaintiff's circumstances justified provision from the deceased's intestate estate."]

Ratio Decidendi

The plaintiff was an eligible person in favour of whom family provision relief should be made under the Succession Act 2006 NSW because she was the deceased's stepdaughter, had a familial claim on the estate, and her substantial need for assistance totally subsumed the available estate; the likely contradictors had notice and did not oppose the claim.

Court Disposition

Family provision relief granted, on case proved and in absence of contradictor.

Orders

  • ["Provision be made for the plaintiff's maintenance, education and advancement in life out of the estate of the late Ian James McDermott (aka Ian Thompson) by vesting in her the whole of the estate." "The plaintiff's costs of these proceedings be paid out of the estate of the deceased on the indemnity basis."]