Amprimo v Wynn [2014] NSWSC 991

Amprimo v Wynn [2014] NSWSC 991

The plaintiff was not an 'eligible person' under s 57 of the Succession Act 2006 (NSW) at the time of the deceased's death; she was neither living in a de facto relationship nor in a close personal relationship with the deceased at the relevant time, and was not wholly or partly dependent on the deceased. Her application for provision from the estate was therefore dismissed.

Jurisdiction
Australia
Judgment Date
24 July 2014
Procedural Posture
Succession/familiy Provision / Final Hearing and Decision
Outcome
Summons dismissed
Legal Topics
['family Provision' 'eligible Person' 'de Facto Relationship' 'close Personal Relationship' 'dependency']
['equity' 'succession'] ['family Provision' 'eligible Person' 'de Facto Relationship' 'close Personal Relationship' 'dependency']

Case Brief

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Procedural Posture

Succession/familiy Provision / Final Hearing and Decision

Legal Issues

  1. 1 ["Whether the plaintiff was an 'eligible person' under s 57 Succession Act 2006 (NSW) (as a de facto, person in close personal relationship, or dependent)" 'Whether the plaintiff was living in a de facto relationship with the deceased at the time of his death' 'Whether the plaintiff was living in a close personal relationship with the deceased at the time of his death' 'Whether the plaintiff was wholly or partly dependent on the deceased at any material time']

Ratio Decidendi

The plaintiff was not an 'eligible person' under s 57 of the Succession Act 2006 (NSW) at the time of the deceased's death; she was neither living in a de facto relationship nor in a close personal relationship with the deceased at the relevant time, and was not wholly or partly dependent on the deceased. Her application for provision from the estate was therefore dismissed.

Court Disposition

Summons dismissed

Orders

  • ["Plaintiff's summons dismissed" 'Court to hear the parties on the issue of costs']