John Xavier Ogburn v Marita Beresford Ogburn; Dominic Ogburn v Marita Beresford Ogburn [2012] NSWSC 79

John Xavier Ogburn v Marita Beresford Ogburn; Dominic Ogburn v Marita Beresford Ogburn [2012] NSWSC 79

A family provision order of $150,000 should be made in favour of John Xavier Ogburn, designating AMP death benefit and half of the Portfolio Investment Services Account as notional estate, as he was left without adequate provision; Dominic Ogburn was not left without adequate provision given his circumstances, and his claim was dismissed. Notional estate orders for other real properties were refused, prioritizing the widow's rights and contributions.

Parties
Plaintiff: John Xavier Ogburn; Plaintiff: Dominic Ogburn; Defendant: Marita Beresford Ogburn
Jurisdiction
Australia
Judgment Date
05 March 2012
Procedural Posture
Family Provision Proceeding / Final Judgment
Outcome
Family provision order made partly in favour of John Xavier Ogburn; Dominic Ogburn's application dismissed.
Legal Topics
Family Provision, Notional Estate, Provision for Adult Children, Provision for Widow, Distribution of Estate
Succession Law Equity Family Provision Notional Estate Provision for Adult Children Provision for Widow Distribution of Estate

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Parties

John Xavier Ogburn

Plaintiff

Dominic Ogburn

Plaintiff

Marita Beresford Ogburn

Defendant

Procedural Posture

Family Provision Proceeding / Final Judgment

Legal Issues

  1. 1 Whether adequate provision was made for the applicants under the deceased's will
  2. 2 Whether a notional estate order should be made under the Succession Act 2006 (NSW)

Ratio Decidendi

A family provision order of $150,000 should be made in favour of John Xavier Ogburn, designating AMP death benefit and half of the Portfolio Investment Services Account as notional estate, as he was left without adequate provision; Dominic Ogburn was not left without adequate provision given his circumstances, and his claim was dismissed. Notional estate orders for other real properties were refused, prioritizing the widow's rights and contributions.

Court Disposition

Family provision order made partly in favour of John Xavier Ogburn; Dominic Ogburn's application dismissed.

Orders

  • John Xavier Ogburn to receive a legacy of $150,000, sourced from AMP death benefit and half of the Portfolio Investment Services Account designated as notional estate
  • Defendant to have her costs out of the estate on an indemnity basis