Re Estate Grant, deceased [2018] NSWSC 1031

Re Estate Grant, deceased [2018] NSWSC 1031

The deceased's will was not made in contemplation of marriage to his second wife within the meaning of Succession Act 2006 NSW s12(3); therefore, the will was revoked by marriage and the deceased died intestate. The widow is granted an extension of time—on terms—to elect to acquire property from the estate. The stepson, treated as a son by the deceased, is granted family provision relief as a legacy of $750,000, funded from notional estate (superannuation entitlement).

Parties
Plaintiff: Katerina Grant (nee Pitsikas); First Defendant: Jack Spencer Grant; Second Defendant: Grantrust Pty Ltd ACN 065 306 756; Plaintiff: Maximilian Innes Grant; Third Defendant: Lewis McNeill Grant; Plaintiff: Michael John Grant
Jurisdiction
Australia
Judgment Date
05 July 2018
Procedural Posture
Succession/probate/family Provision / Final Judgment With Orders and Costs Determination
Outcome
Will revoked by marriage; deceased died intestate. Extension of time for widow to elect to acquire property granted. Family provision order made for stepson.
Legal Topics
Revocation of Will by Marriage, Family Provision Orders, Intestacy, Extension of Time for Election, Designation of Notional Estate
Succession Law Family Provision Probate Law Revocation of Will by Marriage Family Provision Orders Intestacy Extension of Time for Election Designation of Notional Estate

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Parties

Katerina Grant (nee Pitsikas)

Plaintiff

Jack Spencer Grant

First Defendant

Grantrust Pty Ltd ACN 065 306 756

Second Defendant

Maximilian Innes Grant

Plaintiff

Lewis McNeill Grant

Third Defendant

Michael John Grant

Plaintiff

Procedural Posture

Succession/probate/family Provision / Final Judgment With Orders and Costs Determination

Legal Issues

  1. 1 Whether the deceased's will was made in contemplation of his second marriage and thus not revoked under s12(3) Succession Act 2006 NSW
  2. 2 Whether the widow is entitled to an extension of time to elect to acquire property from the deceased's intestate estate
  3. 3 Whether a stepson is entitled to family provision relief

Ratio Decidendi

The deceased's will was not made in contemplation of marriage to his second wife within the meaning of Succession Act 2006 NSW s12(3); therefore, the will was revoked by marriage and the deceased died intestate. The widow is granted an extension of time—on terms—to elect to acquire property from the estate. The stepson, treated as a son by the deceased, is granted family provision relief as a legacy of $750,000, funded from notional estate (superannuation entitlement).

Court Disposition

Will revoked by marriage; deceased died intestate. Extension of time for widow to elect to acquire property granted. Family provision order made for stepson.

Orders

  • Statement of claim by Michael John Grant dismissed.
  • Widow's application for relief under Chapter 3 Succession Act dismissed.