Harvey v Delaney [2003] NSWSC 589

Harvey v Delaney [2003] NSWSC 589

The plaintiff, an eligible person as widower, was not provided with adequate provision under the will for his proper maintenance. Given the long marriage and his financial circumstances, it is appropriate that he receive a legacy of one quarter share of 68 O'Brien Street, Bondi Beach, and a life interest in the...

Source-derived case information.

Parties
Plaintiff: Kenneth Lionel Harvey; Defendant: Grant Andrew Delaney; Defendant: Haydn Wallace
Jurisdiction
Australia
Judgment Date
02 July 2003
Procedural Posture
Family Provision Application / Judgment
Outcome
Order for payment of a quarter share of the property to the plaintiff and a Crisp order in respect of the balance.
Legal Topics
Family Provision Act, Widower's Claim, Testamentary Disposition
Succession Law Family Provision Act Widower's Claim Testamentary Disposition

Source-derived case record

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Parties

Kenneth Lionel Harvey

Plaintiff

Grant Andrew Delaney

Defendant

Haydn Wallace

Defendant

Procedural Posture

Family Provision Application / Judgment

Legal Issues

  1. 1 Whether the provision made in the deceased's will was inadequate for the proper maintenance, education, and advancement in life of the plaintiff
  2. 2 What is the appropriate provision for the widower under the Family Provision Act

Ratio Decidendi

The plaintiff, an eligible person as widower, was not provided with adequate provision under the will for his proper maintenance. Given the long marriage and his financial circumstances, it is appropriate that he receive a legacy of one quarter share of 68 O'Brien Street, Bondi Beach, and a life interest in the balance with provision (Crisp order) for alternative accommodation, with costs to be borne by the three remaining residuary beneficiaries.

Court Disposition

Order for payment of a quarter share of the property to the plaintiff and a Crisp order in respect of the balance.

Orders

  • Plaintiff to have a legacy of one quarter share of 68 O'Brien Street, Bondi Beach.
  • Plaintiff to have an appropriate interest for his life in the balance (Crisp order).