Vanderputt v Vanderputt [1999] NSWSC 1256

Vanderputt v Vanderputt [1999] NSWSC 1256

Each plaintiff was found to have been left without adequate provision for maintenance and advancement in life, and was entitled to receive a legacy from the estate in specific amounts based on demonstrated need. As no evidence was provided of any competing claim that would reduce or extinguish their entitlement, orders for provision were made.

Jurisdiction
Australia
Judgment Date
17 December 1999
Procedural Posture
Family Provision / Judgment
Outcome
Plaintiffs succeeded in family provision claims
Legal Topics
['provision for Maintenance' 'adult Children Claims' 'distribution of Deceased Estate']
['family Provision'] ['provision for Maintenance' 'adult Children Claims' 'distribution of Deceased Estate']

Case Brief

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Procedural Posture

Family Provision / Judgment

Legal Issues

  1. 1 ['Whether plaintiffs have been left without adequate provision for proper maintenance and advancement in life' 'Appropriate amount to be awarded from the estate']

Ratio Decidendi

Each plaintiff was found to have been left without adequate provision for maintenance and advancement in life, and was entitled to receive a legacy from the estate in specific amounts based on demonstrated need. As no evidence was provided of any competing claim that would reduce or extinguish their entitlement, orders for provision were made.

Court Disposition

Plaintiffs succeeded in family provision claims

Orders

  • ['Judith Astrid Vanderputt to receive a legacy of $85,000 from the estate' 'Cynthia Vanderputt to receive a legacy of $45,000 from the estate' 'Legacies not to bear interest if paid by 17 March 2000, otherwise to bear interest at Supreme Court rates' "Plaintiffs' costs on party and party basis and defendant's costs...