Gary Alan Wright v Kerri Lyn Wright as Executor of the Estate of Leslie Richard Wright [2015] NSWSC 1333

Gary Alan Wright v Kerri Lyn Wright as Executor of the Estate of Leslie Richard Wright [2015] NSWSC 1333

No provision should be made for the plaintiff due to longstanding estrangement, open hostility, menacing conduct towards the testator and his family, and lack of evidence justifying the applicant's conduct or needs outweighing the reasons for exclusion. The deceased was entitled to exclude his son given the circumstances, despite financial need.

Parties
Plaintiff: Gary Alan Wright; Defendant: Kerri Lyn Wright as Executor of the Estate of Leslie Richard Wright
Jurisdiction
Australia
Judgment Date
08 September 2015
Procedural Posture
Application for Family Provision / Judgment
Outcome
Family provision application dismissed; no provision made for the plaintiff.
Legal Topics
Family Provision, Estranged Adult Child, Adequacy of Provision, Character and Conduct, Testator's Wishes, Eligible Person
Equity Succession Family Provision Estranged Adult Child Adequacy of Provision Character and Conduct Testator's Wishes Eligible Person

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Parties

Gary Alan Wright

Plaintiff

Kerri Lyn Wright as Executor of the Estate of Leslie Richard Wright

Defendant

Procedural Posture

Application for Family Provision / Judgment

Legal Issues

  1. 1 Should provision be made from the deceased's estate for the estranged adult son under the Succession Act 2006 (NSW)?
  2. 2 Whether the conduct, estrangement, and financial need of the applicant should outweigh the testator's decision and expressed wishes.

Ratio Decidendi

No provision should be made for the plaintiff due to longstanding estrangement, open hostility, menacing conduct towards the testator and his family, and lack of evidence justifying the applicant's conduct or needs outweighing the reasons for exclusion. The deceased was entitled to exclude his son given the circumstances, despite financial need.

Court Disposition

Family provision application dismissed; no provision made for the plaintiff.

Orders

  • No provision to be made out of the estate of the Late Leslie Wright for Gary Alan Wright.
  • Plaintiff to pay defendant's costs.