Perkins v Burke [2003] NSWSC 1167

Given the plaintiff’s financial need, the short but not entirely absent relationship with the deceased, and lack of competing family obligations, provision ought to be made for the plaintiff from the notional estate.

Jurisdiction: Australia
Judgment Date: 04 December 2003
Procedural Posture: Application Under Family Provision Act / Judgment
Outcome: Plaintiff awarded a legacy from the notional estate; orders made as to notional estate designation and costs.
Legal Topics: ['adult Child Claim' 'notional Estate' "testator's Moral Duty"]

['succession Law' 'family Provision'] ['adult Child Claim' 'notional Estate' "testator's Moral Duty"]

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Procedural Posture

Application Under Family Provision Act / Judgment

Legal Issues

1 ["Whether an adult child who was rejected at birth is entitled to provision from the deceased's estate under the Family Provision Act" 'What, if any, provision ought to be made for the plaintiff from the notional estate of the deceased, given the circumstances of their relationship']

Ratio Decidendi

Court Disposition

Plaintiff awarded a legacy from the notional estate; orders made as to notional estate designation and costs.

Orders

['The plaintiff shall receive a legacy out of the notional estate in the sum of $65,000.' 'The property Unit 12/4 Banksia Street, Botany be designated as notional estate.' "The plaintiff's costs on a party/party basis and the defendant's costs on an indemnity basis be paid or retained out of the notional estate."...