Linda GOLAN v June FREY; Estate of the late Kurt FREY [2002] NSWSC 848

Linda GOLAN v June FREY; Estate of the late Kurt FREY [2002] NSWSC 848

The deceased failed to make adequate provision for the plaintiff, who received little provision during his lifetime and has a current need to secure her future. The Court must balance the needs of the surviving widow with those of the plaintiff. Provision should be made for the plaintiff from notional estate, but it should not severely detract from the widow’s security or standard of living.

Jurisdiction
Australia
Judgment Date
16 September 2002
Procedural Posture
Family Provision Application / Judgment After Hearing
Outcome
Provision made for plaintiff from notional estate
Legal Topics
['family Provision' 'notional Estate' 'testamentary Obligations' 'adequate Provision']
['succession Law' 'equity'] ['family Provision' 'notional Estate' 'testamentary Obligations' 'adequate Provision']

Case Brief

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Procedural Posture

Family Provision Application / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the deceased made adequate provision for the plaintiff (daughter) from the estate' 'Whether notional estate orders should be made regarding joint assets to provide for the plaintiff']

Ratio Decidendi

The deceased failed to make adequate provision for the plaintiff, who received little provision during his lifetime and has a current need to secure her future. The Court must balance the needs of the surviving widow with those of the plaintiff. Provision should be made for the plaintiff from notional estate, but it should not severely detract from the widow’s security or standard of living.

Court Disposition

Provision made for plaintiff from notional estate

Orders

  • ['Designate as notional estate a one-half interest in the Westpac Term Deposit and a one-half interest in the National Australia Bank deposit of $43,000.' 'Order the plaintiff receive $65,000 out of the notional estate.' 'Order the plaintiff’s costs be paid out of the notional estate on a party/party basis.']