Lindsay Claude Buckmaster v Amy Jessica Dawson & Anor [2005] NSWSC 57

Lindsay Claude Buckmaster v Amy Jessica Dawson & Anor [2005] NSWSC 57

The plaintiff was in a 20-year de facto relationship with the deceased, contributed to her welfare, and was principal carer during her illness; considering the size of the estate, the plaintiff's circumstances, inadequate provision in the Will, and prevailing community standards, adequate provision requires the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 February 2005
Procedural Posture
Family Provision Application / Final Judgment
Outcome
Provision made; plaintiff entitled to the property absolutely.
Legal Topics
['family Provision' 'de Facto Relationship' 'testamentary Disposition' 'adequate Provision']
['wills and Estates' 'family Provision'] ['family Provision' 'de Facto Relationship' 'testamentary Disposition' 'adequate Provision']

Source-derived case record

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Procedural Posture

Family Provision Application / Final Judgment

Legal Issues

  1. 1 ['Whether the plaintiff and the deceased were in a de facto relationship within the meaning of the Family Provision Act 1982' 'Whether in all the circumstances provision should be made for the plaintiff out of the estate under s 7 of the Act and, if so, what provision should be made']

Ratio Decidendi

The plaintiff was in a 20-year de facto relationship with the deceased, contributed to her welfare, and was principal carer during her illness; considering the size of the estate, the plaintiff's circumstances, inadequate provision in the Will, and prevailing community standards, adequate provision requires the plaintiff be given the property absolutely.

Court Disposition

Provision made; plaintiff entitled to the property absolutely.

Orders

  • ['Plaintiff is to be provided the property at 14 Wallace Street Willoughby absolutely out of the estate of the deceased.' 'Short minutes of order to be brought in for transfer documentation and any further orders, including costs.']