Guthrie & Anor v Hoy [2004] NSWSC 361

Guthrie & Anor v Hoy [2004] NSWSC 361

Each plaintiff had a legitimate claim on the deceased's bounty, had needs the deceased should have recognised, and was left with inadequate provision for proper maintenance. Given their liabilities, limited income, poor health, likely future needs and the sufficient size of the estate, proper provision was $325,000 for Mrs Guthrie and $325,000 for Mrs Graham, with the burden borne equally by the beneficiaries and costs paid from the estate.

Jurisdiction
Australia
Judgment Date
04 May 2004
Procedural Posture
Family Provision Claim Out of Deceased Estate / Judgment After Hearing
Outcome
Provision ordered for both plaintiffs from the deceased's estate, with interest if unpaid by 1 June 2004 and costs out of the estate.
Legal Topics
["adult Daughters' Claim" 'adequacy of Testamentary Provision' 'maintenance, Education and Advancement in Life' 'costs Out of Estate']
['succession' 'family Provision'] ["adult Daughters' Claim" 'adequacy of Testamentary Provision' 'maintenance, Education and Advancement in Life' 'costs Out of Estate']

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Procedural Posture

Family Provision Claim Out of Deceased Estate / Judgment After Hearing

Legal Issues

  1. 1 ["Whether each plaintiff was left without adequate provision for her proper maintenance, education and advancement in life out of the deceased's estate under s 7 of the Family Provision Act 1982." "What provision should be made for each plaintiff from the deceased's estate." 'How the burden of provision and costs should be borne.']

Ratio Decidendi

Each plaintiff had a legitimate claim on the deceased's bounty, had needs the deceased should have recognised, and was left with inadequate provision for proper maintenance. Given their liabilities, limited income, poor health, likely future needs and the sufficient size of the estate, proper provision was $325,000 for Mrs Guthrie and $325,000 for Mrs Graham, with the burden borne equally by the beneficiaries and costs paid from the estate.

Court Disposition

Provision ordered for both plaintiffs from the deceased's estate, with interest if unpaid by 1 June 2004 and costs out of the estate.

Orders

  • ['Order that the plaintiff, Denise Guthrie, receive provision out of the estate of Ethel Evelyn Strickland, deceased, of a legacy in the sum of $325,000.' 'Order that the plaintiff, Diana Graham, receive provision out of the estate of Ethel Evelyn Strickland, deceased, of a legacy in the sum of $325,000.' 'Order...