Maynard v Maynard [2018] NSWSC 1961

Maynard v Maynard [2018] NSWSC 1961

The court found that the deceased was a capable testator who gave careful and considered attention to his testamentary obligations, and provided an equal share of his property to his wife and two daughters. The provision made to Marcelle was adequate and not inadequate for her proper maintenance, education, or advancement in life, considering all competing claims, circumstances, and the limited size of the estate. The application for further provision was dismissed.

Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Family Provision Claim / Principal Judgment; Trial
Outcome
Claim dismissed
Legal Topics
['family Provision' 'adequate Provision' 'adult Child Claims']
['succession' 'equity'] ['family Provision' 'adequate Provision' 'adult Child Claims']

Case Brief

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Procedural Posture

Family Provision Claim / Principal Judgment; Trial

Legal Issues

  1. 1 ["Whether provision made for the plaintiff under the deceased's will was adequate for her proper maintenance, education or advancement in life under s 59 Succession Act 2006 (NSW)."]

Ratio Decidendi

The court found that the deceased was a capable testator who gave careful and considered attention to his testamentary obligations, and provided an equal share of his property to his wife and two daughters. The provision made to Marcelle was adequate and not inadequate for her proper maintenance, education, or advancement in life, considering all competing claims, circumstances, and the limited size of the estate. The application for further provision was dismissed.

Court Disposition

Claim dismissed

Orders

  • ["Plaintiff's summons is dismissed." 'Defendant is entitled to be paid her costs out of the estate of the deceased on the indemnity basis.' 'Defendant is entitled to an order that plaintiff pay her costs on the ordinary basis; parties may apply for a special costs order.']