Revell v Revell [2016] NSWSC 947

Revell v Revell [2016] NSWSC 947

The $1.5 million legacy to the plaintiff was adequate for his proper maintenance and advancement in life, taking into account the testator’s careful consideration, prior substantial financial support, and the circumstances of the plaintiff. There was no basis for further provision under the Succession Act 2006.

Parties
Plaintiff: Gary Martin Revell; Defendant: Tova Lambert Revell
Jurisdiction
Australia
Judgment Date
07 July 2016
Procedural Posture
Family Provision Claim / Succession / Final Judgment
Outcome
Summons dismissed
Legal Topics
Family Provision Order, Adequate Provision, Testator's Freedom, Costs
Succession Family Provision Order Adequate Provision Testator's Freedom Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Gary Martin Revell

Plaintiff

Tova Lambert Revell

Defendant

Procedural Posture

Family Provision Claim / Succession / Final Judgment

Legal Issues

  1. 1 Whether adequate provision for the proper maintenance and advancement in life of the plaintiff was made by the will under the Succession Act 2006
  2. 2 Whether the legacy of $1.5 million to the plaintiff was adequate
  3. 3 What discretion the court should exercise as to the costs of the proceeding

Ratio Decidendi

The $1.5 million legacy to the plaintiff was adequate for his proper maintenance and advancement in life, taking into account the testator’s careful consideration, prior substantial financial support, and the circumstances of the plaintiff. There was no basis for further provision under the Succession Act 2006.

Court Disposition

Summons dismissed

Orders

  • Summons dismissed
  • Defendant's costs to be paid out of the estate on an indemnity basis