Bennett v Public Trustee [1999] NSWSC 724

Bennett v Public Trustee [1999] NSWSC 724

Both plaintiffs are eligible persons and entitled to provision. The lack of contact is not determinative, but is a significant factor. Taking into account all circumstances, including their financial situations and the intent of the testator to benefit his grandchildren, it is appropriate to award Evan Bennett a legacy of $40,000 and Belinda Bennett a legacy of $15,000 out of the estate.

Parties
Plaintiff: Belinda Bennett; Plaintiff: Evan Bennett; Defendant: The Public Trustee
Jurisdiction
Australia
Judgment Date
19 July 1999
Procedural Posture
Family Provision Application / Judgment
Outcome
Legacies awarded to both plaintiffs. Costs paid out of the estate.
Legal Topics
Family Provision Act 1982, Claims by Children Against Deceased Estate, Testamentary Discretion, Adequate Provision for Maintenance, Education and Advancement in Life
Succession Law Family Provision Family Provision Act 1982 Claims by Children Against Deceased Estate Testamentary Discretion Adequate Provision for Maintenance, Education and Advancement in Life

Case Brief

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Parties

Belinda Bennett

Plaintiff

Evan Bennett

Plaintiff

The Public Trustee

Defendant

Procedural Posture

Family Provision Application / Judgment

Legal Issues

  1. 1 Whether the plaintiffs, as children of the deceased, are entitled to provision out of his estate under the Family Provision Act 1982
  2. 2 Whether the plaintiffs have been left without adequate provision for their proper maintenance, education and advancement in life
  3. 3 Whether the lack of contact between the deceased and the plaintiffs precludes them from relief

Ratio Decidendi

Both plaintiffs are eligible persons and entitled to provision. The lack of contact is not determinative, but is a significant factor. Taking into account all circumstances, including their financial situations and the intent of the testator to benefit his grandchildren, it is appropriate to award Evan Bennett a legacy of $40,000 and Belinda Bennett a legacy of $15,000 out of the estate.

Court Disposition

Legacies awarded to both plaintiffs. Costs paid out of the estate.

Orders

  • Belinda Bennett to receive a legacy of $15,000 from the estate of George Brian Campbell, not to bear interest if paid on or before 16 July 1999, otherwise to bear interest at Supreme Court rates.
  • Evan Bennett to receive a legacy of $40,000 from the estate of George Brian Campbell, not to bear interest if paid on or before 16 July 1999, otherwise to bear interest at Supreme Court rates.