Johnston v Storey [2005] NSWSC 1096

Johnston v Storey [2005] NSWSC 1096

The plaintiff was an eligible person and had been left without adequate provision. Although she had previously received benefits and payments from her parents and the deceased, and although the deceased may have been influenced by complaints about requests for money and the credit-card matter involving Loretta, those matters were not conduct disentitling the plaintiff. The plaintiff was sixty eight, had no assets, lived on a disability pension in insecure rent-free accommodation, suffered serious osteoarthritis and related medical needs, and had contributed substantially by giving up employment and providing full-time care for her father, which benefited the deceased. Balancing those...

Jurisdiction
Australia
Judgment Date
27 October 2005
Procedural Posture
Family Provision Application Under the Family Provision Act / Judgment After Hearing
Outcome
Application granted; plaintiff awarded a legacy of $100,000 from the estate.
Legal Topics
['family Provision' 'eligible Person' 'adequate Provision for Proper Maintenance, Education and Advancement in Life' 'costs']
['succession Law' 'equity'] ['family Provision' 'eligible Person' 'adequate Provision for Proper Maintenance, Education and Advancement in Life' 'costs']

Case Brief

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Procedural Posture

Family Provision Application Under the Family Provision Act / Judgment After Hearing

Legal Issues

  1. 1 ["Whether the plaintiff, a daughter omitted from the deceased's will, was left without adequate provision for her proper maintenance, education and advancement in life." 'If inadequate provision was made, what provision should be ordered from the estate.' "Whether the plaintiff's prior benefits, requests for money, and matters concerning her sister's credit card disentitled her or reduced her claim." "Whether the burden of any provision should be borne by the first defendant's share of the estate."]

Ratio Decidendi

The plaintiff was an eligible person and had been left without adequate provision. Although she had previously received benefits and payments from her parents and the deceased, and although the deceased may have been influenced by complaints about requests for money and the credit-card matter involving Loretta, those matters were not conduct disentitling the plaintiff. The plaintiff was sixty eight, had no assets, lived on a disability pension in insecure rent-free accommodation, suffered serious osteoarthritis and related medical needs, and had contributed substantially by giving up employment and providing full-time care for her father, which benefited the deceased. Balancing those...

Court Disposition

Application granted; plaintiff awarded a legacy of $100,000 from the estate.

Orders

  • ['The plaintiff receive a legacy out of the estate of the deceased in the sum of $100,000.' 'That the burden of the legacy be borne by the share of the estate passing to the first defendant.' 'Interest will be payable on the legacy at the rate provided for under the Wills Probate and Administration Act on and from a...