Booth v Evans [1999] NSWSC 688

Booth v Evans [1999] NSWSC 688

John Henry Evans and Dawn Booth had demonstrated relevant financial need and inadequate provision under the will, justifying additional legacies, while Beulah Royle had not demonstrated such need and her existing legacy was sufficient.

Jurisdiction
Australia
Judgment Date
29 June 1999
Procedural Posture
Family Provision Application / Judgment
Outcome
Orders partly in favour of plaintiffs John Henry Evans and Dawn Booth. No further provision for Beulah Royle.
Legal Topics
['family Provision' "testator's Family Maintenance" 'distribution of Estate' 'adequate Provision' 'adult Children Claims']
['succession Law' 'equity'] ['family Provision' "testator's Family Maintenance" 'distribution of Estate' 'adequate Provision' 'adult Children Claims']

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 deceased made adequate provision for the proper maintenance and advancement in life of each plaintiff under the Family Provision Act' 'The appropriateness of increasing the legacies of adult children under the circumstances']

Ratio Decidendi

John Henry Evans and Dawn Booth had demonstrated relevant financial need and inadequate provision under the will, justifying additional legacies, while Beulah Royle had not demonstrated such need and her existing legacy was sufficient.

Court Disposition

Orders partly in favour of plaintiffs John Henry Evans and Dawn Booth. No further provision for Beulah Royle.

Orders

  • ['In lieu of the provision in par.4(a)(i) of the will, John Henry Evans is to receive $40,000.' 'In lieu of the provision in par.4(c) of the will, Dawn Booth is to receive $95,000.' 'The costs of John Evans and Dawn Booth to be paid out of the estate on a party and party basis.' 'The costs of the defendants to be...