Cringle v Cringle [2018] NSWSC 1558

Cringle v Cringle [2018] NSWSC 1558

The plaintiff was an eligible person and had real needs arising from disability and limited resources, but the deceased's will made adequate provision for his proper maintenance and advancement in life in the circumstances. The estate was small and largely comprised the Bolwarra Heights home; the plaintiff had already received substantial lifetime provision through loans totalling $170,000 drawn down for his benefit and the estate would bear the outstanding mortgage; the will gave him a three-year right of residence, the car, household furniture and furnishings, a $210,000 legacy and a share of residue; and the deceased had carefully balanced his needs against the significant competing...

Jurisdiction
Australia
Judgment Date
19 October 2018
Procedural Posture
Application for Family Provision Out of the Estate or Notional Estate of the Deceased Under S 59 of the Succession Act 2006 (nsw) / Principal Judgment After Hearing
Outcome
Application dismissed.
Legal Topics
['family Provision' 'adequate Provision for Proper Maintenance, Education and Advancement in Life' 'competing Claims of Adult Children' 'testamentary Intention' 'costs Out of Estate']
['succession' 'equity'] ['family Provision' 'adequate Provision for Proper Maintenance, Education and Advancement in Life' 'competing Claims of Adult Children' 'testamentary Intention' 'costs Out of Estate']

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Procedural Posture

Application for Family Provision Out of the Estate or Notional Estate of the Deceased Under S 59 of the Succession Act 2006 (nsw) / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether adequate provision for the proper maintenance, education or advancement in life of the plaintiff had not been made by the deceased's will." 'Whether further provision should be made for the plaintiff out of the estate or notional estate, including by allowing him to remain in the Bolwarra Heights home or increasing his legacy.' "How the plaintiff's needs should be evaluated against the size of the estate, the impact of legal costs, lifetime provision made to him, and the competing needs of the defendants."]

Ratio Decidendi

The plaintiff was an eligible person and had real needs arising from disability and limited resources, but the deceased's will made adequate provision for his proper maintenance and advancement in life in the circumstances. The estate was small and largely comprised the Bolwarra Heights home; the plaintiff had already received substantial lifetime provision through loans totalling $170,000 drawn down for his benefit and the estate would bear the outstanding mortgage; the will gave him a three-year right of residence, the car, household furniture and furnishings, a $210,000 legacy and a share of residue; and the deceased had carefully balanced his needs against the significant competing...

Court Disposition

Application dismissed.

Orders

  • ["The plaintiff's claim for provision out of the estate or notional estate of the deceased be dismissed." "The plaintiff's costs (to the extent that those costs are payable under the terms of whatever fee arrangements are in place with his current and/or former legal representatives notwithstanding his lack of...