Carstrom v Boesen [2004] NSWSC 1109

Carstrom v Boesen [2004] NSWSC 1109

Although the plaintiff was not financially dependent on the deceased for many years and already received a significant legacy, the court found she had not been left with adequate provision given her circumstances, but it was not appropriate for her to receive the entire estate. The court ordered a total legacy of $150,000 for the plaintiff, including what she had already received, designating distributed funds as notional estate under the relevant statutory provisions.

Jurisdiction
Australia
Judgment Date
15 November 2004
Procedural Posture
Family Provision Application / Judgment
Outcome
Orders made.
Legal Topics
['family Provision' 'adult Children Claims' 'notional Estate' "executor's Duties" 'early Distribution of Estate']
['succession Law' 'equity'] ['family Provision' 'adult Children Claims' 'notional Estate' "executor's Duties" 'early Distribution of Estate']

Case Brief

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Procedural Posture

Family Provision Application / Judgment

Legal Issues

  1. 1 ['Whether the plaintiff (adult daughter) has been left without adequate provision from the estate' 'Whether distributed residue can be designated as notional estate to satisfy an order for further provision' 'The proper application of ss 24, 27, 28, and 35 of the Family Provision Act 1982']

Ratio Decidendi

Although the plaintiff was not financially dependent on the deceased for many years and already received a significant legacy, the court found she had not been left with adequate provision given her circumstances, but it was not appropriate for her to receive the entire estate. The court ordered a total legacy of $150,000 for the plaintiff, including what she had already received, designating distributed funds as notional estate under the relevant statutory provisions.

Court Disposition

Orders made.

Orders

  • ['Plaintiff to receive a total legacy of $150,000 (including amount already received).' 'The usual order for costs was made.']