Wolnizer v Public Trustee [2001] NSWSC 667

Wolnizer v Public Trustee [2001] NSWSC 667

Absent evidence of any needs beyond discharge of bankruptcy, the only justified further provision for the plaintiff is limited to an amount sufficient to represent his present proven needs, namely, one-twelfth of the estate to be taken from the legacy to the Bobby Goldsmith Foundation, with no effect on the grandchildren or WIRES.

Jurisdiction
Australia
Judgment Date
31 July 2001
Procedural Posture
Family Provision / Judgment
Outcome
Plaintiff granted an additional legacy of one-twelfth of the estate, taken from the Bobby Goldsmith Foundation's share; costs orders made as described.
Legal Topics
['family Provision Act' 'entitlement of Bankrupts' 'testamentary Intention' 'provision for Eligible Persons']
['succession Law' 'equity'] ['family Provision Act' 'entitlement of Bankrupts' 'testamentary Intention' 'provision for Eligible Persons']

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Procedural Posture

Family Provision / Judgment

Legal Issues

  1. 1 ["Whether adequate provision was made for the plaintiff under the deceased's will" 'Whether additional provision should be made for a bankrupt beneficiary' 'Balancing the needs of eligible and non-eligible beneficiaries under the Family Provision Act']

Ratio Decidendi

Absent evidence of any needs beyond discharge of bankruptcy, the only justified further provision for the plaintiff is limited to an amount sufficient to represent his present proven needs, namely, one-twelfth of the estate to be taken from the legacy to the Bobby Goldsmith Foundation, with no effect on the grandchildren or WIRES.

Court Disposition

Plaintiff granted an additional legacy of one-twelfth of the estate, taken from the Bobby Goldsmith Foundation's share; costs orders made as described.

Orders

  • ['Plaintiff to receive an additional legacy of one-twelfth of the estate, sourced by reducing the legacy to the Bobby Goldsmith Foundation; Matt, Kate, and WIRES shares untouched.' "Plaintiff's costs to be paid out of the estate on a party/party basis; defendant's costs to be paid out of the estate on the indemnity...