Jansons v Jansons [1999] NSWSC 822

Jansons v Jansons [1999] NSWSC 822

The plaintiff's provision under the will was inadequate because, if she needed to leave the home or if the property was sold, her one sixth share would be about $25,000 and insufficient for relevant accommodation. Although the marriage was not long, the parties had lived together for nine years, the relationship was accepted as happy, the plaintiff cared for the deceased during illness, and she contributed at least about $20,000 to the family home and car. The estate was not large enough to accommodate both her proper claim and the claims of the deceased's adult beneficiaries, who were generally able to support themselves. Proper provision therefore required that she receive the whole...

Jurisdiction
Australia
Judgment Date
27 July 1999
Procedural Posture
Family Provision Act Application / Final Judgment and Orders
Outcome
Application granted; the plaintiff was awarded the whole estate in lieu of the bequest in the will.
Legal Topics
["widow's Claim for Provision" 'adequacy of Testamentary Provision' 'life Estate or Right of Residence' 'small Estate' 'competing Claims of Adult Children']
['succession' 'family Provision'] ["widow's Claim for Provision" 'adequacy of Testamentary Provision' 'life Estate or Right of Residence' 'small Estate' 'competing Claims of Adult Children']

Case Brief

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Procedural Posture

Family Provision Act Application / Final Judgment and Orders

Legal Issues

  1. 1 ["Whether the provision made for the plaintiff widow under the deceased's will was inadequate for her proper maintenance, education and advancement in life." "What provision should be made for the plaintiff having regard to her circumstances, contributions, the estate size, and the claims of the deceased's children and son-in-law."]

Ratio Decidendi

The plaintiff's provision under the will was inadequate because, if she needed to leave the home or if the property was sold, her one sixth share would be about $25,000 and insufficient for relevant accommodation. Although the marriage was not long, the parties had lived together for nine years, the relationship was accepted as happy, the plaintiff cared for the deceased during illness, and she contributed at least about $20,000 to the family home and car. The estate was not large enough to accommodate both her proper claim and the claims of the deceased's adult beneficiaries, who were generally able to support themselves. Proper provision therefore required that she receive the whole...

Court Disposition

Application granted; the plaintiff was awarded the whole estate in lieu of the bequest in the will.

Orders

  • ['That in lieu of the bequest in the will of the deceased the plaintiff receive a bequest of the whole of the estate of the deceased.' "The defendants' costs on an indemnity basis be paid or retained out of the estate of the deceased." 'The exhibits to be returned.']