Perkins v Perkins [1999] NSWSC 749

Perkins v Perkins [1999] NSWSC 749

The plaintiff had not received adequate and proper provision under the deceased’s will, given his age, health, needs for repairs, a new car, and medical contingencies. An order should be made in his favour, including conditions to protect the plaintiff’s interests in light of his wife’s prior conduct.

Parties
Plaintiff: Kevin William Maurice Perkins; Defendant: Brian Zenas Perkins; Defendant: Judith Anne Perkins
Jurisdiction
Australia
Judgment Date
21 July 1999
Procedural Posture
Family Provision Application / Judgment
Outcome
Orders made in favour of the plaintiff for provision out of the estate, including special directions; costs orders made.
Legal Topics
Family Provision, Testamentary Disposition, Costs, Trusts
Succession Law Equity Family Provision Testamentary Disposition Costs Trusts

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Parties

Kevin William Maurice Perkins

Plaintiff

Brian Zenas Perkins

Defendant

Judith Anne Perkins

Defendant

Procedural Posture

Family Provision Application / Judgment

Legal Issues

  1. 1 Whether the plaintiff has been left without adequate and proper provision for his maintenance, education and advancement in life under the Family Provision Act
  2. 2 What orders should be made regarding the plaintiff’s share of the estate and whether conditions should be imposed to protect against misuse of funds

Ratio Decidendi

The plaintiff had not received adequate and proper provision under the deceased’s will, given his age, health, needs for repairs, a new car, and medical contingencies. An order should be made in his favour, including conditions to protect the plaintiff’s interests in light of his wife’s prior conduct.

Court Disposition

Orders made in favour of the plaintiff for provision out of the estate, including special directions; costs orders made.

Orders

  • Defendants to hold the plaintiff's share under the will on trust and forthwith pay the plaintiff $30,000;
  • Defendants to pay up to a further $60,000 at the plaintiff’s direction for medical expenses, home repairs or purchase of a motor vehicle;