Blanchfield v Johnston [2007] NSWSC 143

Blanchfield v Johnston [2007] NSWSC 143

The 2002 property sale was for full valuable consideration and consistent with the actual value provided, so did not constitute a prescribed transaction for notional estate purposes. The plaintiff was found to have been left without adequate provision but given the modest size of the estate, provision was limited to $20,000 with costs capped to avoid exhausting the estate.

Parties
Plaintiff: Beryl Dawn Blanchfield; First Defendant: Eric George Johnston; Second Defendant: Heather Johnston
Jurisdiction
Australia
Judgment Date
01 March 2007
Procedural Posture
Family Provision Application / Final Judgment
Outcome
Plaintiff partly successful
Legal Topics
Family Provision, Notional Estate, Costs in Estate Litigation
Succession Law Equity Family Provision Notional Estate Costs in Estate Litigation

Case Brief

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Parties

Beryl Dawn Blanchfield

Plaintiff

Eric George Johnston

First Defendant

Heather Johnston

Second Defendant

Procedural Posture

Family Provision Application / Final Judgment

Legal Issues

  1. 1 Whether adequate provision has been made for the plaintiff under the deceased's will
  2. 2 Whether the 2002 property transfer constituted a notional estate transaction under the Family Provision Act
  3. 3 Quantum of provision to be made from a small estate

Ratio Decidendi

The 2002 property sale was for full valuable consideration and consistent with the actual value provided, so did not constitute a prescribed transaction for notional estate purposes. The plaintiff was found to have been left without adequate provision but given the modest size of the estate, provision was limited to $20,000 with costs capped to avoid exhausting the estate.

Court Disposition

Plaintiff partly successful

Orders

  • Plaintiff to receive a legacy of $20,000 out of the estate of the deceased.
  • Plaintiff's costs capped at $25,000 to be paid out of the estate.