Boldi v Crozier [2015] NSWSC 2155

Boldi v Crozier [2015] NSWSC 2155

A beneficiary should be joined as a defendant if she is entitled to substantial benefit under the will and her interests may be adversely affected by a family provision order, especially where her version of material evidence conflicts with that of the executor, and the executor cannot be expected to robustly prosecute her case.

Jurisdiction
Australia
Judgment Date
07 December 2015
Procedural Posture
Family Provision / Interlocutory Application for Joinder
Outcome
Joinder granted
Legal Topics
['joinder of Beneficiary' 'family Provision Proceedings']
['equity' 'succession Law'] ['joinder of Beneficiary' 'family Provision Proceedings']

Case Brief

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Procedural Posture

Family Provision / Interlocutory Application for Joinder

Legal Issues

  1. 1 ['whether a beneficiary should be joined as a defendant in family provision proceedings' 'circumstances justifying the joinder of a beneficiary']

Ratio Decidendi

A beneficiary should be joined as a defendant if she is entitled to substantial benefit under the will and her interests may be adversely affected by a family provision order, especially where her version of material evidence conflicts with that of the executor, and the executor cannot be expected to robustly prosecute her case.

Court Disposition

Joinder granted

Orders

  • ['Melanie Aliberti be joined as second defendant in the proceedings at her own risk as to costs.']