Harris v Harris [2018] NSWSC 552

Harris v Harris [2018] NSWSC 552

The Court was not persuaded that the deceased, in not making any provision for Andrew Harris in his will, failed to make 'proper' provision for his maintenance, education, or advancement in life under s 59 of the Succession Act 2006 (NSW), given the competing moral claim of the widow, the applicant's ongoing support needs, the evidence as to relationship closeness, the size and composition of the estate and notional estate, and the risk of adversely impacting the widow's security. Therefore, the application was dismissed and no order for provision or notional estate made.

Jurisdiction
Australia
Judgment Date
01 May 2018
Procedural Posture
Family Provision Application / Final Judgment in First Instance Court
Outcome
Application dismissed. No provision made for plaintiff.
Legal Topics
['family Provision' 'notional Estate' 'testamentary Intentions' 'adult Children Claims' 'assessment of Proper Provision' 'discretion Under Succession Act 2006 (nsw)']
['succession Law' 'equity'] ['family Provision' 'notional Estate' 'testamentary Intentions' 'adult Children Claims' 'assessment of Proper Provision' 'discretion Under Succession Act 2006 (nsw)']

Case Brief

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Procedural Posture

Family Provision Application / Final Judgment in First Instance Court

Legal Issues

  1. 1 ['Whether the deceased failed to make proper provision for maintenance, education or advancement in life of the applicant under s 59 Succession Act 2006 (NSW)' 'Whether notional estate orders should be made' 'Competing moral claims between widow and adult child' "Effect of applicant's personal circumstances and needs" 'Appropriate approach to balancing testamentary intention and judicial discretion']

Ratio Decidendi

The Court was not persuaded that the deceased, in not making any provision for Andrew Harris in his will, failed to make 'proper' provision for his maintenance, education, or advancement in life under s 59 of the Succession Act 2006 (NSW), given the competing moral claim of the widow, the applicant's ongoing support needs, the evidence as to relationship closeness, the size and composition of the estate and notional estate, and the risk of adversely impacting the widow's security. Therefore, the application was dismissed and no order for provision or notional estate made.

Court Disposition

Application dismissed. No provision made for plaintiff.

Orders

  • ['Administration in respect of the estate and notional estate of Hubert Estes Harris granted to Andrew Harris for the purposes only of permitting his application for a family provision order, pursuant to s 91 Succession Act 2006 (NSW).' 'Dispense with compliance with the Court Rules in relation to Order 1.' 'Appoint...