Ray v Greenwell [2009] NSWSC 952

Ray v Greenwell [2009] NSWSC 952

The Plaintiff was an eligible person and, given her limited means, health problems, lack of employment prospects and financial needs, had been left without adequate provision for her proper maintenance. However, the Defendant widow had a strong competing claim, had lived in and contributed to the Kensington property for more than 33 years, and should not be required to leave it. Provision for the Plaintiff should therefore be made only from notional estate, with one half of the BT investment portfolio declared notional estate and a further legacy of $60,000 awarded.

Jurisdiction
Australia
Judgment Date
11 September 2009
Procedural Posture
Family Provision Proceedings Under the Family Provision Act 1982 / Principal Judgment
Outcome
Plaintiff awarded further provision out of notional estate.
Legal Topics
['adult Child Claim' 'adequate Provision for Proper Maintenance' 'competing Claim of Widow' 'notional Estate' 'joint Tenancy']
['succession' 'family Provision'] ['adult Child Claim' 'adequate Provision for Proper Maintenance' 'competing Claim of Widow' 'notional Estate' 'joint Tenancy']

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Procedural Posture

Family Provision Proceedings Under the Family Provision Act 1982 / Principal Judgment

Legal Issues

  1. 1 ["Whether the Plaintiff, an adult daughter of the Deceased, had been left without adequate provision for her proper maintenance by the Deceased's will." 'Whether any provision for the Plaintiff should be made by requiring sale of the Kensington property or only out of notional estate.' 'Whether one half of the BT investment portfolio should be declared notional estate of the Deceased.']

Ratio Decidendi

The Plaintiff was an eligible person and, given her limited means, health problems, lack of employment prospects and financial needs, had been left without adequate provision for her proper maintenance. However, the Defendant widow had a strong competing claim, had lived in and contributed to the Kensington property for more than 33 years, and should not be required to leave it. Provision for the Plaintiff should therefore be made only from notional estate, with one half of the BT investment portfolio declared notional estate and a further legacy of $60,000 awarded.

Court Disposition

Plaintiff awarded further provision out of notional estate.

Orders

  • ['One half of the BT investment portfolio held by the late William Robert Greenwell at the time of his death be declared notional estate of the Deceased.' 'In addition to the benefit given to her by the will of the Deceased, the Plaintiff receive a further legacy in the sum of $60,000, to be paid out of the notional...