Johnson v Wright [2012] NSWSC 879

Johnson v Wright [2012] NSWSC 879

Due to the long, stable de facto relationship and the shortcomings of the will's provisions (namely, lack of flexibility and trustee discretion), the plaintiff had not received adequate and proper provision for her maintenance. The appropriate order was the grant of a portable Crisp order over the house, enabling the plaintiff to change accommodation as needed, with responsibility for outgoing costs, while costs were to be borne according to estate capacity.

Parties
Plaintiff: Eileen Johnson; Defendant: Karen Anne Wright
Jurisdiction
Australia
Judgment Date
01 August 2012
Procedural Posture
Family Provision Application / Judgment After Hearing
Outcome
Order for a portable Crisp order in favour of the plaintiff; costs orders as set out, with parties to bring in short minutes to reflect detailed orders.
Legal Topics
Family Provision, De Facto Partner Claims, Crisp Order, Testator's Family Maintenance, Costs in Estate Litigation
Succession Law Family Provision De Facto Partner Claims Crisp Order Testator's Family Maintenance Costs in Estate Litigation

Case Brief

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Parties

Eileen Johnson

Plaintiff

Karen Anne Wright

Defendant

Procedural Posture

Family Provision Application / Judgment After Hearing

Legal Issues

  1. 1 Whether the provision made for the plaintiff as de facto partner in the deceased's will was adequate and proper for her maintenance, education and advancement in life
  2. 2 Whether a portable Crisp order should be made varying the provision in the will
  3. 3 How competing claims of children and stepchildren affect the plaintiff's claim

Ratio Decidendi

Due to the long, stable de facto relationship and the shortcomings of the will's provisions (namely, lack of flexibility and trustee discretion), the plaintiff had not received adequate and proper provision for her maintenance. The appropriate order was the grant of a portable Crisp order over the house, enabling the plaintiff to change accommodation as needed, with responsibility for outgoing costs, while costs were to be borne according to estate capacity.

Court Disposition

Order for a portable Crisp order in favour of the plaintiff; costs orders as set out, with parties to bring in short minutes to reflect detailed orders.

Orders

  • A portable Crisp order is made in favour of the plaintiff, Eileen Johnson, over the Gladesville property, allowing her to change accommodation as appropriate for her needs.
  • The plaintiff is to bear her own costs while the Gladesville property is retained.