Estate Hemmes; Cameron v Mead [2018] NSWSC 85

Estate Hemmes; Cameron v Mead [2018] NSWSC 85

No provision was made for the plaintiff in the will of the deceased. In light of the deceased's affluence, absence of paternal relationship, and the plaintiff's need and aspirations, and applying the legislative criteria and relevant legal principles, the deceased's child support payments alone are insufficient. A legacy of $1.75 million should be paid to the plaintiff out of the designated notional estate to provide adequately for his proper maintenance, education, and advancement in life.

Jurisdiction
Australia
Judgment Date
09 February 2018
Procedural Posture
Family Provision Claim / Judgment After Contested Hearing
Outcome
Order for payment of legacy in favour of plaintiff
Legal Topics
['family Provision' 'notional Estate' 'adult Child Claim' 'estrangement']
['succession'] ['family Provision' 'notional Estate' 'adult Child Claim' 'estrangement']

Case Brief

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Procedural Posture

Family Provision Claim / Judgment After Contested Hearing

Legal Issues

  1. 1 ['Whether adequate provision for the proper maintenance, education or advancement in life of the plaintiff has been made by the will of the deceased' 'If not, whether provision out of designated notional estate ought to be made for the maintenance, education or advancement in life of the plaintiff']

Ratio Decidendi

No provision was made for the plaintiff in the will of the deceased. In light of the deceased's affluence, absence of paternal relationship, and the plaintiff's need and aspirations, and applying the legislative criteria and relevant legal principles, the deceased's child support payments alone are insufficient. A legacy of $1.75 million should be paid to the plaintiff out of the designated notional estate to provide adequately for his proper maintenance, education, and advancement in life.

Court Disposition

Order for payment of legacy in favour of plaintiff

Orders

  • ['A legacy of $1,750,000 is to be paid to Edward Leslie Cameron, charged upon the Designated Fund set aside by the defendants and available to be designated as notional estate']