Troy v Slede [2005] NSWSC 1080

Troy v Slede [2005] NSWSC 1080

The Plaintiff did not establish that the Deceased's testamentary dispositions left him without adequate provision for his proper maintenance. He failed to make full and frank disclosure of his financial and material circumstances, and despite bankruptcy and lack of assets he had secure accommodation through his present marriage, no obligation to contribute to accommodation, household outgoings or food, and use of two motor vehicles. In any event, any entitlement to provision would be totally extinguished by the Defendant's competing claim as the Deceased's widow and sole beneficiary, because the only substantial estate asset was the Deceased's half interest in the home where she had lived...

Jurisdiction
Australia
Judgment Date
25 October 2005
Procedural Posture
Proceedings Under the Family Provision Act 1982 for Provision Out of the Estate of the Plaintiff's Late Father / Final Judgment After Hearing of Summons
Outcome
Proceedings dismissed.
Legal Topics
['adult Child Claim for Provision' 'adequate Provision for Proper Maintenance' 'competing Claim of Widow and Sole Beneficiary' 'estate Consisting Substantially of a Half Interest in Matrimonial Home' "applicant's Financial Disclosure"]
['succession' 'family Provision'] ['adult Child Claim for Provision' 'adequate Provision for Proper Maintenance' 'competing Claim of Widow and Sole Beneficiary' 'estate Consisting Substantially of a Half Interest in Matrimonial Home' "applicant's Financial Disclosure"]

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Procedural Posture

Proceedings Under the Family Provision Act 1982 for Provision Out of the Estate of the Plaintiff's Late Father / Final Judgment After Hearing of Summons

Legal Issues

  1. 1 ["Whether the Plaintiff, as an adult son of the Deceased, had been left without adequate provision for his proper maintenance by the Deceased's testamentary dispositions." 'Whether the Plaintiff had placed before the Court as fully and frankly as possible all available information concerning his financial and material circumstances.' 'Whether the competing claim of the Defendant, the widow and sole beneficiary, should defeat or extinguish any order for provision, particularly where provision would require sale of her home.']

Ratio Decidendi

The Plaintiff did not establish that the Deceased's testamentary dispositions left him without adequate provision for his proper maintenance. He failed to make full and frank disclosure of his financial and material circumstances, and despite bankruptcy and lack of assets he had secure accommodation through his present marriage, no obligation to contribute to accommodation, household outgoings or food, and use of two motor vehicles. In any event, any entitlement to provision would be totally extinguished by the Defendant's competing claim as the Deceased's widow and sole beneficiary, because the only substantial estate asset was the Deceased's half interest in the home where she had lived...

Court Disposition

Proceedings dismissed.

Orders

  • ['I order that the proceedings be dismissed.' 'I order that the Plaintiff pay the costs of the Defendant, such costs to be on the party and party basis.' 'I order that the Defendant be entitled to recoup from the estate of the late Willi Slede ("the Deceased") the difference between the foregoing costs which she may...