Crawford v Munden; In the Estate of Angel [2020] NSWSC 1463

Crawford v Munden; In the Estate of Angel [2020] NSWSC 1463

The 16-year estrangement was primarily Glenn's responsibility and diminished his moral claim to provision. Nevertheless, as Janet's only child with stable, but not wealthy, circumstances near retirement, he retained a moral claim. The Will failed to make adequate provision; a wise and just testator would have split the estate equally with Lisa, but due to Glenn's responsibility for the estrangement, the quantum was reduced to $150,000.

Jurisdiction
Australia
Judgment Date
21 October 2020
Procedural Posture
Family Provision Application / Principal Judgment
Outcome
Provision ordered for plaintiff; Plaintiff's claim partially allowed.
Legal Topics
['family Provision' 'estrangement' 'testamentary Freedom' 'adequate Provision']
['succession' 'equity'] ['family Provision' 'estrangement' 'testamentary Freedom' 'adequate Provision']

Case Brief

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Procedural Posture

Family Provision Application / Principal Judgment

Legal Issues

  1. 1 ['Whether adequate provision for the proper maintenance, education or advancement in life was made for Glenn Andrew Crawford by the will of Janet Anne Angel' "Effect of estrangement between applicant and deceased on applicant's moral claim to provision" 'Determination of quantum of provision to be ordered']

Ratio Decidendi

The 16-year estrangement was primarily Glenn's responsibility and diminished his moral claim to provision. Nevertheless, as Janet's only child with stable, but not wealthy, circumstances near retirement, he retained a moral claim. The Will failed to make adequate provision; a wise and just testator would have split the estate equally with Lisa, but due to Glenn's responsibility for the estrangement, the quantum was reduced to $150,000.

Court Disposition

Provision ordered for plaintiff; Plaintiff's claim partially allowed.

Orders

  • ["Provision of $150,000 for Glenn Andrew Crawford from Janet Anne Angel's estate."]