Faulkner v McLeod [2011] NSWSC 92

Faulkner v McLeod [2011] NSWSC 92

The plaintiff is an eligible person under s 57 of the Succession Act 2006. The Will failed to make adequate provision for her proper maintenance or advancement in life. Considering her financial needs, assets, liabilities, health, age, and absence of other support, and balancing the defendant’s interests and property, it is appropriate to order that the plaintiff receive a lump sum of $170,000 out of the estate, in lieu of the Will’s provision.

Jurisdiction
Australia
Judgment Date
02 March 2011
Procedural Posture
Family Provision Application / Final Judgment
Outcome
Plaintiff’s claim allowed in part; family provision order made.
Legal Topics
['family Provision' 'testamentary Freedom' 'adequate and Proper Provision' 'adult Child Claims']
['succession Law'] ['family Provision' 'testamentary Freedom' 'adequate and Proper Provision' 'adult Child Claims']

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Procedural Posture

Family Provision Application / Final Judgment

Legal Issues

  1. 1 ['Has adequate provision for the plaintiff’s proper maintenance and advancement in life been made by the Will of the deceased?' 'What is the appropriate amount of provision for the plaintiff from the estate under the Succession Act 2006?']

Ratio Decidendi

The plaintiff is an eligible person under s 57 of the Succession Act 2006. The Will failed to make adequate provision for her proper maintenance or advancement in life. Considering her financial needs, assets, liabilities, health, age, and absence of other support, and balancing the defendant’s interests and property, it is appropriate to order that the plaintiff receive a lump sum of $170,000 out of the estate, in lieu of the Will’s provision.

Court Disposition

Plaintiff’s claim allowed in part; family provision order made.

Orders

  • ['Plaintiff to receive a lump sum of $170,000 out of the estate, in lieu of the provision in the Will.' 'Lump sum to be paid within 28 days from estate passing to defendant; failing which, interest to be paid at the rate prescribed under s 84 Probate and Administration Act 1898, calculated from that date until...