Draper v Nixon [1999] NSWSC 629

Draper v Nixon [1999] NSWSC 629

Plaintiff failed to establish need as required under section 9(2)(a) of Family Provision Act, and her conduct was of such a nature and degree as to disentitle her from any order for provision; in any event, estate and notional estate claims either fail for lack of prescribed transactions or are out of time;...

Source-derived case information.

Parties
Plaintiff: Jennifer Mary Draper; Defendant: Christine Dianne Nixon; Defendant: Susan Long
Jurisdiction
Australia
Judgment Date
28 June 1999
Procedural Posture
Family Provision Application / Final Judgment
Outcome
Proceedings dismissed
Legal Topics
Family Provision, Notional Estate, Conduct Disentitling, Testator's Family Maintenance, Limitation Period, Competing Claims
Succession Equity Family Provision Notional Estate Conduct Disentitling Testator's Family Maintenance Limitation Period Competing Claims

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jennifer Mary Draper

Plaintiff

Christine Dianne Nixon

Defendant

Susan Long

Defendant

Procedural Posture

Family Provision Application / Final Judgment

Legal Issues

  1. 1 Whether plaintiff has been left without adequate provision for maintenance and advancement in life
  2. 2 Whether plaintiff's conduct disentitles her from provision
  3. 3 Whether plaintiff is entitled to an order for provision from estate or notional estate

Ratio Decidendi

Plaintiff failed to establish need as required under section 9(2)(a) of Family Provision Act, and her conduct was of such a nature and degree as to disentitle her from any order for provision; in any event, estate and notional estate claims either fail for lack of prescribed transactions or are out of time; competing claims of defendants outweigh plaintiff's claim.

Court Disposition

Proceedings dismissed

Orders

  • I order that the proceedings be dismissed.
  • I order that the plaintiff pay the costs of the defendants.