Jeanette Ann Foley -v- Peter James Ellis and Ors [2007] NSWSC 1277
The plaintiff had not been left without adequate provision under her mother's will, given the significant benefit provided, and, even if she had, the competing claims of siblings and her own children meant no further provision could be made without diminishing their entitlements.
- Parties
- Plaintiff: Jeanette Ann Foley; Defendant: Peter James Ellis; Defendant: Vivienne Joan Ellis; Defendant: Philip Wallace Jones
- Jurisdiction
- Australia
- Judgment Date
- 12 November 2007
- Procedural Posture
- Family Provision Act Proceedings / Final Judgment
- Outcome
- Plaintiff's claim dismissed
- Legal Topics
- Family Provision, Adequate Provision, Estrangement, Distribution of Estate, Competing Beneficiary Claims
Case Brief
Summary, issues, holding and outcome
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Parties
Jeanette Ann Foley
Plaintiff
Peter James Ellis
Defendant
Vivienne Joan Ellis
Defendant
Philip Wallace Jones
Defendant
Procedural Posture
Family Provision Act Proceedings / Final Judgment
Legal Issues
- 1 Has the plaintiff been left without adequate provision for her proper maintenance under the deceased's will?
- 2 Should additional provision be made for the plaintiff from the estate given competing claims of other beneficiaries?
Ratio Decidendi
The plaintiff had not been left without adequate provision under her mother's will, given the significant benefit provided, and, even if she had, the competing claims of siblings and her own children meant no further provision could be made without diminishing their entitlements.
Court Disposition
Plaintiff's claim dismissed
Orders
- Proceedings be dismissed
- Plaintiff to pay defendants' costs on party and party basis
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