Burt v Agius [2003] NSWSC 461

Burt v Agius [2003] NSWSC 461

Each Plaintiff established an entitlement to modest legacies from the notional estate, as their needs justify provision, albeit reduced by incomplete financial disclosure. The Court is satisfied it may designate appropriate assets held by the Defendant as notional estate to facilitate the provision ordered.

Parties
Plaintiff: Damien Burt; Plaintiff: Tabatha Burt; Defendant: Josephine Agius
Jurisdiction
Australia
Judgment Date
29 May 2003
Procedural Posture
Family Provision/equity / Post Trial Reasons; Stood Over for Orders and Costs
Outcome
Matter stood over for draft orders and submissions as to costs; legacies indicated for Plaintiffs with details for bringing in short minutes.
Legal Topics
Family Provision, Notional Estate, Prescribed Transactions, Maintenance and Advancement, Financial Disclosure, Competing Claims
Succession Equity Family Provision Notional Estate Prescribed Transactions Maintenance and Advancement Financial Disclosure Competing Claims

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Parties

Damien Burt

Plaintiff

Tabatha Burt

Plaintiff

Josephine Agius

Defendant

Procedural Posture

Family Provision/equity / Post Trial Reasons; Stood Over for Orders and Costs

Legal Issues

  1. 1 Whether the Plaintiffs, as adult children, are entitled to provision from the notional estate of the deceased under the Family Provision Act 1982
  2. 2 Whether any assets held by the Defendant should be designated as notional estate for the purposes of provision
  3. 3 Adequacy and frankness of financial disclosure by the Plaintiffs

Ratio Decidendi

Each Plaintiff established an entitlement to modest legacies from the notional estate, as their needs justify provision, albeit reduced by incomplete financial disclosure. The Court is satisfied it may designate appropriate assets held by the Defendant as notional estate to facilitate the provision ordered.

Court Disposition

Matter stood over for draft orders and submissions as to costs; legacies indicated for Plaintiffs with details for bringing in short minutes.

Orders

  • Plaintiff Damien Burt: proposed legacy of $20,000 from notional estate
  • Plaintiff Tabatha Burt: proposed legacy of $30,000 from notional estate