Larkin v Leech-Larkin [2017] NSWSC 1418

Larkin v Leech-Larkin [2017] NSWSC 1418

The Court found that, while the deceased's attitude to Julian may have been unjustified and he was arguably excluded without fair cause, Lucien's long-standing financial and emotional involvement in the deceased's life and the estate, and the nature of the estrangement, justified the will's terms. The failure to make provision for Julian was not 'improper' in all the circumstances and did not warrant interference under the Succession Act 2006 (NSW).

Parties
Plaintiff: Julian Dee Larkin; Defendant: Lucien Francesco Leech-Larkin
Jurisdiction
Australia
Judgment Date
20 October 2017
Procedural Posture
Family Provision Application / Final Judgment
Outcome
Proceedings dismissed
Legal Topics
Family Provision, Testamentary Capacity, Estrangement, Proper Provision, Mature Adult Children, Contribution to Estate Assets
Succession Law Equity Family Provision Testamentary Capacity Estrangement Proper Provision Mature Adult Children Contribution to Estate Assets

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Parties

Julian Dee Larkin

Plaintiff

Lucien Francesco Leech-Larkin

Defendant

Procedural Posture

Family Provision Application / Final Judgment

Legal Issues

  1. 1 Whether the will made adequate provision for the plaintiff Julian Dee Larkin under the Succession Act 2006 (NSW)
  2. 2 Whether provision for the plaintiff is 'proper' given his circumstances and relationship with the deceased

Ratio Decidendi

The Court found that, while the deceased's attitude to Julian may have been unjustified and he was arguably excluded without fair cause, Lucien's long-standing financial and emotional involvement in the deceased's life and the estate, and the nature of the estrangement, justified the will's terms. The failure to make provision for Julian was not 'improper' in all the circumstances and did not warrant interference under the Succession Act 2006 (NSW).

Court Disposition

Proceedings dismissed

Orders

  • Proceedings dismissed.
  • Grant leave to each party to apply with respect to costs, such application to be made within 28 days of today's date.