Justyn Marcus Ng v Neville Mark Morgan & Anor; Selena Natanie Ng v Morgan; Commonwealth Bank of Australia v Neville Mark Morgan in his capacity as Administrator of the estate of the late Dell Smith [2014] NSWSC 536

Justyn Marcus Ng v Neville Mark Morgan & Anor; Selena Natanie Ng v Morgan; Commonwealth Bank of Australia v Neville Mark Morgan in his capacity as Administrator of the estate of the late Dell Smith [2014] NSWSC 536

The Court found that Justyn and Selena Ng were eligible as grandchildren under Succession Act 2006 (NSW), s 57(e), had been dependent on the deceased, and that the will made in 1968 failed to provide adequate provision for their proper maintenance, education, and advancement in life. Their claim was warranted by the deceased's repeated intention to benefit them. The Court ordered provision in the form of a half interest each in 89 Bowden Street, free of the existing mortgage, with the estate to pay out the bank, and Selena's entitlement subject to repayment of the estate's legal costs incurred as a result of her propounding a forged will.

Jurisdiction
Australia
Judgment Date
08 May 2014
Procedural Posture
Family Provision and Possession Proceedings / Judgment at Trial on Final Orders
Outcome
Order for provision under the Succession Act in favour of Justyn and Selena Ng; continuation of stay of possession proceedings for 60 days; conditional reduction of Selena Ng's entitlement for estate costs associated with the forged will.
Legal Topics
['family Provision Orders' 'eligibility of Grandchildren Under Succession Act S 57(e)' 'dependence and Adequate Provision' 'forged Will and Costs Consequences' 'mortgage Default and Property Possession']
['succession Law' 'equity' 'civil Procedure'] ['family Provision Orders' 'eligibility of Grandchildren Under Succession Act S 57(e)' 'dependence and Adequate Provision' 'forged Will and Costs Consequences' 'mortgage Default and Property Possession']

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Procedural Posture

Family Provision and Possession Proceedings / Judgment at Trial on Final Orders

Legal Issues

  1. 1 ['Whether the plaintiffs (grandchildren) were eligible for provision under Succession Act 2006 (NSW), s 57(e)' "Whether there was adequate provision for the plaintiffs' maintenance, education and advancement in life" 'Appropriate form and quantum of provision from the estate' "Consequences of Selena Ng's forgery of a will for costs and entitlement" 'Entitlement to continue a stay of the order for possession against Commonwealth Bank']

Ratio Decidendi

The Court found that Justyn and Selena Ng were eligible as grandchildren under Succession Act 2006 (NSW), s 57(e), had been dependent on the deceased, and that the will made in 1968 failed to provide adequate provision for their proper maintenance, education, and advancement in life. Their claim was warranted by the deceased's repeated intention to benefit them. The Court ordered provision in the form of a half interest each in 89 Bowden Street, free of the existing mortgage, with the estate to pay out the bank, and Selena's entitlement subject to repayment of the estate's legal costs incurred as a result of her propounding a forged will.

Court Disposition

Order for provision under the Succession Act in favour of Justyn and Selena Ng; continuation of stay of possession proceedings for 60 days; conditional reduction of Selena Ng's entitlement for estate costs associated with the forged will.

Orders

  • ['Order that Justyn Marcus Ng and Selena Natanie Ng each receive a one half interest in 89 Bowden Street, Ryde, free of any mortgage liability to Commonwealth Bank; estate responsible for paying out the mortgage.' "Order that Selena Natanie Ng must repay the estate's additional legal costs incurred as a result of...