Pillinger v Lees (No 2) [2025] NSWSC 97

Pillinger v Lees (No 2) [2025] NSWSC 97

The Court determined that an order for further provision was to be made by way of a transfer of the Little Darling Street property to the plaintiff, together with a cash lump sum of $962,500. This approach was held to be the most appropriate in the circumstances, as it provided for the plaintiff's accommodation, reflected the deceased's intention that properties should not be sold where possible, and was acceptable (or preferable) to the other beneficiaries. The precise allocation of any additional burden (if estate assets were insufficient) was to be carried out rateably among beneficiaries according to value. Orders were made accordingly under s 59 of the Succession Act 2006 (NSW).

Parties
Plaintiff: Anecia Pillinger; Defendant: Lucille Janette Lees
Jurisdiction
Australia
Judgment Date
25 February 2025
Procedural Posture
Family Provision / Succession / Consequential Orders Following Judgment
Outcome
Orders for provision made: transfer of property and lump sum to plaintiff; further administration directions; costs orders for both parties; liberty to apply.
Legal Topics
Family Provision, Estate Administration, Adequate Provision, Variation of Testamentary Dispositions
Succession Equity Family Provision Estate Administration Adequate Provision Variation of Testamentary Dispositions

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Parties

Anecia Pillinger

Plaintiff

Lucille Janette Lees

Defendant

Procedural Posture

Family Provision / Succession / Consequential Orders Following Judgment

Legal Issues

  1. 1 Appropriate order for further provision for the plaintiff out of the estate
  2. 2 Manner of distribution and administration of estate assets
  3. 3 Valuation of further provision where plaintiff receives real property

Ratio Decidendi

The Court determined that an order for further provision was to be made by way of a transfer of the Little Darling Street property to the plaintiff, together with a cash lump sum of $962,500. This approach was held to be the most appropriate in the circumstances, as it provided for the plaintiff's accommodation, reflected the deceased's intention that properties should not be sold where possible, and was acceptable (or preferable) to the other beneficiaries. The precise allocation of any additional burden (if estate assets were insufficient) was to be carried out rateably among beneficiaries according to value. Orders were made accordingly under s 59 of the Succession Act 2006 (NSW).

Court Disposition

Orders for provision made: transfer of property and lump sum to plaintiff; further administration directions; costs orders for both parties; liberty to apply.

Orders

  • Plaintiff to receive, in lieu of provision in Will, the property at 20 Little Darling Street, Balmain and a lump sum of $962,500 (Succession Act 2006 (NSW) s 59).
  • No interest payable on lump sum if paid as ordered; otherwise interest to accrue at rate under s 84A(3) of Probate and Administration Act 1898 (NSW).