Fielder v Booker [2001] NSWSC 981

Fielder v Booker [2001] NSWSC 981

Given the lengthy estrangement but acknowledging the bare filial relationship and some attempts by the plaintiff to reconnect, a small legacy is appropriate to provide basic assistance, though the estrangement and limited familial relationship reduce the extent of any provision.

Jurisdiction
Australia
Judgment Date
09 November 2001
Procedural Posture
Family Provision Application / Judgment
Outcome
Legacy granted to plaintiff; costs orders made
Legal Topics
['family Provision Act' 'estrangement' 'moral Obligation' "testator's Duty" 'adult Child Claim']
['succession Law'] ['family Provision Act' 'estrangement' 'moral Obligation' "testator's Duty" 'adult Child Claim']

Case Brief

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Procedural Posture

Family Provision Application / Judgment

Legal Issues

  1. 1 ['Whether adequate provision was made for the plaintiff under the will of Frederick William Palmer' 'Whether the community would expect further provision to be made for an estranged adult child']

Ratio Decidendi

Given the lengthy estrangement but acknowledging the bare filial relationship and some attempts by the plaintiff to reconnect, a small legacy is appropriate to provide basic assistance, though the estrangement and limited familial relationship reduce the extent of any provision.

Court Disposition

Legacy granted to plaintiff; costs orders made

Orders

  • ['Plaintiff to receive a legacy out of the estate of the deceased of $30,000.' "The burden of such legacy shall be borne in the first instance out of the share of residue still undistributed which would pass to the estate of Jan O'Connor." "Plaintiff's costs on a party and party basis and the defendants' on an...