MATHER v MATHER [2012] NSWSC 1142

MATHER v MATHER [2012] NSWSC 1142

The plaintiff is an eligible person under the Act and has not been adequately provided for in the deceased's will. Despite estrangement and the mother's financial circumstances, the deceased retained a moral duty to provide proper maintenance. The relevant provision is a legacy of $1.1 million from the estate, to be held in trust until the plaintiff is 25 years old, balancing needs and competing claims of the defendants as beneficiaries, in line with community standards and statutory guidance.

Parties
Plaintiff: Andrew Sinphet Mather by his tutor Kerrie Patricia Mather; 1st Defendant: Christopher Andrew Mather; 2nd Defendant: Howard Louis Mather
Jurisdiction
Australia
Judgment Date
20 September 2012
Procedural Posture
Family Provision Application / Principal Judgment
Outcome
Order for further provision made in favour of the plaintiff. Parties to bring in Short Minutes.
Legal Topics
Application for Further Provision, Adopted Child, Estrangement, Adequacy of Provision, Testator's Moral Duty
Equity Family Provision Succession Application for Further Provision Adopted Child Estrangement Adequacy of Provision Testator's Moral Duty

Case Brief

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Parties

Andrew Sinphet Mather by his tutor Kerrie Patricia Mather

Plaintiff

Christopher Andrew Mather

1st Defendant

Howard Louis Mather

2nd Defendant

Procedural Posture

Family Provision Application / Principal Judgment

Legal Issues

  1. 1 Whether the plaintiff, an adopted son who was excluded from the will, is entitled to further provision from the deceased's estate
  2. 2 Quantum and structure of appropriate provision to be made for an adult adopted child with some estrangement and complex family circumstances
  3. 3 Relevance of plaintiff's mother's financial position to the claim

Ratio Decidendi

The plaintiff is an eligible person under the Act and has not been adequately provided for in the deceased's will. Despite estrangement and the mother's financial circumstances, the deceased retained a moral duty to provide proper maintenance. The relevant provision is a legacy of $1.1 million from the estate, to be held in trust until the plaintiff is 25 years old, balancing needs and competing claims of the defendants as beneficiaries, in line with community standards and statutory guidance.

Court Disposition

Order for further provision made in favour of the plaintiff. Parties to bring in Short Minutes.

Orders

  • Plaintiff to receive a legacy of $1.1 million from the estate, to be held on trust until he reaches 25 years of age, then to vest absolutely.
  • Kerrie Mather may be appointed trustee of the fund.