Webber v Dimon [2003] NSWSC 134

Webber v Dimon [2003] NSWSC 134

The provision in the will of a right to remain in the home was inadequate for the proper maintenance of the applicant, aged and frail, with no competing claims on the estate, and it was appropriate that the whole estate be given to her absolutely to ensure she had sufficient resources for accommodation and contingencies for the remainder of her life.

Parties
Applicant: Gladys Webber; Deceased: Albert Sydney Jellicoe Dimon
Jurisdiction
Australia
Judgment Date
26 February 2003
Procedural Posture
Family Provision Application / Final Judgment
Outcome
Application granted
Legal Topics
Family Provision, Testator's Family Maintenance, De Facto Partners, Wills and Inheritance
Equity Family Provision Testator's Family Maintenance De Facto Partners Wills and Inheritance

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Parties

Gladys Webber

Applicant

Albert Sydney Jellicoe Dimon

Deceased

Procedural Posture

Family Provision Application / Final Judgment

Legal Issues

  1. 1 Whether the provision made for the applicant de facto partner under the deceased's will was adequate for her proper maintenance and advancement in life
  2. 2 Appropriate provision to be made for a long-term de facto partner under the Family Provision Act given her age, health, and lack of assets

Ratio Decidendi

The provision in the will of a right to remain in the home was inadequate for the proper maintenance of the applicant, aged and frail, with no competing claims on the estate, and it was appropriate that the whole estate be given to her absolutely to ensure she had sufficient resources for accommodation and contingencies for the remainder of her life.

Court Disposition

Application granted

Orders

  • The whole of the estate of the deceased is to pass to the plaintiff absolutely.
  • The plaintiff's costs on a party party basis to be paid or retained out of the estate of the deceased.