Schubert v Johnsen [1999] NSWSC 1202

Schubert v Johnsen [1999] NSWSC 1202

The Family Provision Act does not recognise a claim based on a moral obligation to provide for an adult son; the plaintiff was not left without adequate and proper provision for maintenance, education, or advancement in life as required by the Act.

Parties
Plaintiff: Keith William Schubert; Defendant: Daisy Isabella Johnsen
Jurisdiction
Australia
Judgment Date
24 November 1999
Procedural Posture
Family Provision Application / Judgment
Outcome
claim dismissed
Legal Topics
Family Provision, Moral Obligation to Support Adult Child, Eligibility Under Family Provision Act
Succession Law Family Provision Moral Obligation to Support Adult Child Eligibility Under Family Provision Act

Case Brief

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Parties

Keith William Schubert

Plaintiff

Daisy Isabella Johnsen

Defendant

Procedural Posture

Family Provision Application / Judgment

Legal Issues

  1. 1 Whether plaintiff has been left without adequate and proper provision for maintenance, education, and advancement in life under the Family Provision Act
  2. 2 Whether a moral obligation to support an adult son falls within the legal obligation recognized by the Family Provision Act

Ratio Decidendi

The Family Provision Act does not recognise a claim based on a moral obligation to provide for an adult son; the plaintiff was not left without adequate and proper provision for maintenance, education, or advancement in life as required by the Act.

Court Disposition

claim dismissed

Orders

  • Summons dismissed
  • Defendant's costs on an indemnity basis be paid out of the estate or retained out of the estate