Baker v Colyer [2007] NSWSC 1225

Baker v Colyer [2007] NSWSC 1225

The plaintiff was an eligible person and had been left without adequate provision. Given her poor health, lack of employment prospects, limited assets, future needs, and devoted care of the deceased, and given that the defendant supported her claim and Robbie Murray Robinson could not be located and had engaged in...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
31 October 2007
Procedural Posture
Family Provision Act Application in Respect of the Estate of Jane Robinson / Hearing; Ex Tempore Judgment
Outcome
Application allowed; additional provision made for the plaintiff from Robbie Murray Robinson's half share of the estate, with costs to be borne from that share.
Legal Topics
['family Provision' 'adequate and Proper Provision' 'eligible Person' 'costs From Estate' 'dispensing With Notice Where Service Impractical']
['succession' 'equity'] ['family Provision' 'adequate and Proper Provision' 'eligible Person' 'costs From Estate' 'dispensing With Notice Where Service Impractical']

Source-derived case record

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Family Provision Act Application in Respect of the Estate of Jane Robinson / Hearing; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the plaintiff, as a daughter of the deceased, was an eligible person under the Family Provision Act.' "Whether the provision made for the plaintiff under the deceased's will was inadequate for her proper maintenance, education and advancement in life." 'Whether additional provision should be made for the plaintiff from the half share of the estate bequeathed to Robbie Murray Robinson.' "Whether Robbie Murray Robinson's interests should be disregarded or treated as disentitling because he could not be located and because of his conduct towards the deceased." 'Whether service of notice on Robbie Murray Robinson should be dispensed with because it was impractical.']

Ratio Decidendi

The plaintiff was an eligible person and had been left without adequate provision. Given her poor health, lack of employment prospects, limited assets, future needs, and devoted care of the deceased, and given that the defendant supported her claim and Robbie Murray Robinson could not be located and had engaged in violent and hurtful conduct towards the deceased, the plaintiff's claim should be preferred and she should receive Robbie Murray Robinson's half share of the estate as additional provision, subject to the costs of the application.

Court Disposition

Application allowed; additional provision made for the plaintiff from Robbie Murray Robinson's half share of the estate, with costs to be borne from that share.

Orders

  • ["That the plaintiff receive, in addition to the provision that she has already received under the will of the deceased, the half share of the estate bequeathed to the deceased's son Robbie Murray Robinson." 'Such additional provision is to bear the costs of this application.' "The plaintiff's costs on a party party...