Morgan v Bohm [2013] NSWSC 145

Morgan v Bohm [2013] NSWSC 145

Plaintiff was not living in a de facto relationship with the deceased at the date of death but was an eligible person as a partly dependent household member during 1996–1999. There are factors warranting the making of the application given the substantial relationship between plaintiff and deceased. An order for provision from the notional estate is justified based on plaintiff’s need and the nature of the relationship.

Jurisdiction
Australia
Judgment Date
12 February 2013
Procedural Posture
Application Under Succession Act 2006 – Family Provision / Principal Judgment
Outcome
Application granted in part; legacy awarded to plaintiff from notional estate.
Legal Topics
['family Provision' 'notional Estate' 'eligibility of Applicant' 'factors Warranting Application']
['succession Law' 'equity'] ['family Provision' 'notional Estate' 'eligibility of Applicant' 'factors Warranting Application']

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Procedural Posture

Application Under Succession Act 2006 – Family Provision / Principal Judgment

Legal Issues

  1. 1 ['Whether the plaintiff was in a de facto relationship with the deceased at the time of death' 'Whether plaintiff is an eligible person under the Succession Act' 'Whether factors warrant the making of an application for provision from the estate' 'Appropriate quantum of provision to be made for plaintiff' 'Designation of notional estate']

Ratio Decidendi

Plaintiff was not living in a de facto relationship with the deceased at the date of death but was an eligible person as a partly dependent household member during 1996–1999. There are factors warranting the making of the application given the substantial relationship between plaintiff and deceased. An order for provision from the notional estate is justified based on plaintiff’s need and the nature of the relationship.

Court Disposition

Application granted in part; legacy awarded to plaintiff from notional estate.

Orders

  • ['Plaintiff to receive a legacy of $225,000 from estate of deceased.' "Plaintiff's costs on ordinary basis and defendant's costs on indemnity basis to be paid out of the estate and notional estate, subject to submissions within 7 days." 'Interest to run on the legacy at rate provided in Probate and Administration...