Reddie v Cornock [2005] NSWSC 187

Reddie v Cornock [2005] NSWSC 187

Widow’s claim to the estate predominates, given her contribution, short marriage, and modest estate. She is entitled to the whole estate except for $100,000 to be divided between the sons. No provision made for former wife. Sons are entitled to $50,000 each. Partnership assets are treated according to equitable principles and debts. The estate must be distributed in accordance with the judgment’s orders, after accounting for costs and executor’s entitlement only to commission, not profit costs.

Jurisdiction
Australia
Judgment Date
10 March 2005
Procedural Posture
Family Provision and Equity Proceedings / Final Judgment on Claims Against Estate
Outcome
Widow takes whole estate except for $100,000, which is to be divided between the sons; no provision for former wife.
Legal Topics
['family Provision Act Claims' 'resulting Trust' 'partnership Property' 'doctrine of Election' "locke King's Act" 'partial Intestacy']
['succession' 'equity' 'family Law'] ['family Provision Act Claims' 'resulting Trust' 'partnership Property' 'doctrine of Election' "locke King's Act" 'partial Intestacy']

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Procedural Posture

Family Provision and Equity Proceedings / Final Judgment on Claims Against Estate

Legal Issues

  1. 1 ['Whether widow (Domenica Reddie) is entitled to the whole estate or only 70% of Annangrove property; Whether sons are entitled to more provision; Whether former wife (Kerrie) is entitled to provision from estate; Nature of partnership assets and whether will could dispose of them; Application of resulting trust and doctrine of election in property distribution; Liability for business debts charged on matrimonial home']

Ratio Decidendi

Widow’s claim to the estate predominates, given her contribution, short marriage, and modest estate. She is entitled to the whole estate except for $100,000 to be divided between the sons. No provision made for former wife. Sons are entitled to $50,000 each. Partnership assets are treated according to equitable principles and debts. The estate must be distributed in accordance with the judgment’s orders, after accounting for costs and executor’s entitlement only to commission, not profit costs.

Court Disposition

Widow takes whole estate except for $100,000, which is to be divided between the sons; no provision for former wife.

Orders

  • ['Annangrove property to be sold; widow to receive proceeds after deduction of costs; sons to receive $50,000 each from estate; no order in respect of former wife’s claim and costs; orders for publishing reasons and standing matter over for short minutes.']