The estate of the late Sharrin Laura Rees [2019] NSWSC 859

The estate of the late Sharrin Laura Rees [2019] NSWSC 859

The Court approved the release under s 95 of the Succession Act 2006 (NSW) as fair, reasonable, and prudent in circumstances where the estate is likely insolvent and the settlement is to the plaintiff's advantage, avoids further costs, and was entered into with legal advice.

Parties
Plaintiff / Cross Defendant: Thomas Simon Parker; Defendant / Cross Claimant: Kristopher Rees
Jurisdiction
Australia
Judgment Date
10 July 2019
Procedural Posture
Family Provision Claim / Settlement Approval and Final Orders
Outcome
Settlement approved and proceedings dismissed
Legal Topics
Family Provision, Approval of Settlement, Release of Rights, Insolvent Estate
Succession Law Family Provision Approval of Settlement Release of Rights Insolvent Estate

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Parties

Thomas Simon Parker

Plaintiff / Cross Defendant

Kristopher Rees

Defendant / Cross Claimant

Procedural Posture

Family Provision Claim / Settlement Approval and Final Orders

Legal Issues

  1. 1 Should the Court approve the release of the plaintiff's rights to bring further family provision claims under s 95 of the Succession Act 2006 (NSW)?

Ratio Decidendi

The Court approved the release under s 95 of the Succession Act 2006 (NSW) as fair, reasonable, and prudent in circumstances where the estate is likely insolvent and the settlement is to the plaintiff's advantage, avoids further costs, and was entered into with legal advice.

Court Disposition

Settlement approved and proceedings dismissed

Orders

  • The defendant to pay the plaintiff $35,000 in two instalments ($15,000 by 4 August 2019, $20,000 by 4 January 2020).
  • Proceedings dismissed with no order as to the plaintiff's costs; plaintiff to pay own costs.