MORGAN v PUBLIC TRUSTEE [1999] NSWSC 1112

MORGAN v PUBLIC TRUSTEE [1999] NSWSC 1112

The plaintiff was an eligible person because she had been part of the deceased's household and partly dependent on the deceased, who effectively mothered her and provided necessities. Factors warranting were established by the deceased's close surrogate-mother relationship with the plaintiff and the deceased's expressed intention to benefit her. Given the plaintiff's serious incurable cancer, financial shortfall, medical and living needs, and the absence of competing claims because the estate would otherwise pass to the Crown as bona vacantia, adequate provision had not been made and a legacy of $185,000 was appropriate, while the Court could not speculate about life expectancy beyond the...

Jurisdiction
Australia
Judgment Date
01 November 1999
Procedural Posture
Family Provision Application / Judgment
Outcome
Application allowed; legacy ordered for the plaintiff.
Legal Topics
['intestacy' 'bona Vacantia' 'eligible Person' 'dependency' 'factors Warranting' 'adequate Provision' 'costs From Estate']
['succession' 'family Provision' 'probate and Administration'] ['intestacy' 'bona Vacantia' 'eligible Person' 'dependency' 'factors Warranting' 'adequate Provision' 'costs From Estate']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Family Provision Application / Judgment

Legal Issues

  1. 1 ["Whether the plaintiff was an eligible person as part of the deceased's household and partly dependent upon the deceased." 'Whether there were factors warranting the making of the application under s 9(1) of the Family Provision Act.' "Whether the deceased's estate made inadequate provision for the plaintiff's proper maintenance, education and advancement in life." 'What provision should be made for the plaintiff from an intestate estate passing to the Crown as bona vacantia.' "Whether the Court should have regard to the stepchildren's possible application to the Crown under s 61 B (8) of the Wills Probate and Administration Act 1998."]

Ratio Decidendi

The plaintiff was an eligible person because she had been part of the deceased's household and partly dependent on the deceased, who effectively mothered her and provided necessities. Factors warranting were established by the deceased's close surrogate-mother relationship with the plaintiff and the deceased's expressed intention to benefit her. Given the plaintiff's serious incurable cancer, financial shortfall, medical and living needs, and the absence of competing claims because the estate would otherwise pass to the Crown as bona vacantia, adequate provision had not been made and a legacy of $185,000 was appropriate, while the Court could not speculate about life expectancy beyond the...

Court Disposition

Application allowed; legacy ordered for the plaintiff.

Orders

  • ['Legacy for the plaintiff of $185,000.' "The plaintiff's costs on a party and party basis and the defendant's costs on an indemnity basis be retained or paid out of the estate of the deceased." 'The exhibits be returned.']