Bond v Milos [2003] NSWSC 216

Given the plaintiff's long-term de facto relationship, partial dependency, payment of funeral expenses, and the inadequacy of the estate and notional estate to reimburse those expenses, it is just for the plaintiff to receive a legacy from the estate and notional estate, with the superannuation death benefit designated as notional estate.

Parties: Plaintiff: Janette Kay Bond; First Defendant: Joyce Marion Milos; Second Defendant: AMP Superannuation Limited
Jurisdiction: Australia
Judgment Date: 20 March 2003
Procedural Posture: Family Provision Act Application / Judgment
Outcome: Application granted; orders made in favour of the plaintiff.
Legal Topics: De Facto Relationships, Notional Estate, Provision for Eligible Persons, Funeral Expenses, Superannuation Death Benefit

Family Provision Succession Law Equity De Facto Relationships Notional Estate Provision for Eligible Persons Funeral Expenses Superannuation Death Benefit

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 15

Parties

Janette Kay Bond

Plaintiff

Joyce Marion Milos

First Defendant

AMP Superannuation Limited

Second Defendant

Procedural Posture

Family Provision Act Application / Judgment

Legal Issues

1 Is the plaintiff an eligible person under the Family Provision Act?
2 Are there factors warranting making the application?
3 Is the provision made for the plaintiff inadequate for proper maintenance?

Ratio Decidendi

Court Disposition

Application granted; orders made in favour of the plaintiff.

Orders

Plaintiff to receive a legacy of $53,000 out of the estate and notional estate.
Death benefit held by the second defendant designated as notional estate.