Hanlon v Evans English v Evans [2009] NSWSC 137

Hanlon v Evans English v Evans [2009] NSWSC 137

Robwyn English adequately explained her delay because she lacked knowledge of the time limit until shortly before expiry, was living in the United States, and did not have legal advice before the limitation period expired; there was no prejudice or unconscionable conduct, so time was extended. The will made inadequate provision for both daughters, particularly given their financial needs and David John Evans' substantial assets and benefits from the farming property. However, David Lewis Evans' life interest and accommodation security should be preserved. Appropriate further provision was to divide the residue after costs as 45 per cent to Robwyn, 35 per cent to Elizabeth and 20 per cent...

Jurisdiction
Australia
Judgment Date
03 June 2009
Procedural Posture
Applications Under the Family Provision Act 1982 in Respect of the Estate of Mavis Evans / Hearing of Two Applications, Including Robwyn English's Application for Extension of Time
Outcome
Extension of time granted for Robwyn English; further provision ordered in favour of both plaintiffs, with payment structured to preserve David Lewis Evans' position.
Legal Topics
['adequacy of Testamentary Provision' 'extension of Time' 'life Interest' 'provision for Adult Children' 'rural Property in Deceased Estate']
['succession' 'family Provision'] ['adequacy of Testamentary Provision' 'extension of Time' 'life Interest' 'provision for Adult Children' 'rural Property in Deceased Estate']

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Procedural Posture

Applications Under the Family Provision Act 1982 in Respect of the Estate of Mavis Evans / Hearing of Two Applications, Including Robwyn English's Application for Extension of Time

Legal Issues

  1. 1 ['Whether Robwyn English should be granted an extension of time under section 16 of the Family Provision Act 1982.' 'Whether the provision made for Elizabeth Hanlon and Robwyn English was inadequate for their proper maintenance, education and advancement in life.' "What provision should be made for the plaintiffs having regard to their needs, the estate, the deceased's husband David Lewis Evans, and the deceased's son David John Evans." "Whether provision for the plaintiffs should disturb David Lewis Evans' life interest or present security of accommodation."]

Ratio Decidendi

Robwyn English adequately explained her delay because she lacked knowledge of the time limit until shortly before expiry, was living in the United States, and did not have legal advice before the limitation period expired; there was no prejudice or unconscionable conduct, so time was extended. The will made inadequate provision for both daughters, particularly given their financial needs and David John Evans' substantial assets and benefits from the farming property. However, David Lewis Evans' life interest and accommodation security should be preserved. Appropriate further provision was to divide the residue after costs as 45 per cent to Robwyn, 35 per cent to Elizabeth and 20 per cent...

Court Disposition

Extension of time granted for Robwyn English; further provision ordered in favour of both plaintiffs, with payment structured to preserve David Lewis Evans' position.

Orders

  • ["Robwyn English's time to bring her claim is extended." 'The residue of the estate after costs is to be divided 45 per cent to Robwyn English, 35 per cent to Elizabeth Hanlon and 20 per cent to David John Evans.' "One half of the plaintiffs' shares is to be paid now and the balance on the death of David Lewis...