Graham v Graham [2011] NSWSC 504

Graham v Graham [2011] NSWSC 504

Adequate provision was not made for the Plaintiff, the widow, in the Will and Codicil. Considering her assets, needs (including maintenance and repairs totalling $278,055), life expectancy, and the size of the actual and notional estate, it is proper to order a lump sum of $1,100,000 to be paid to the Plaintiff, conditional upon her renouncing any further benefit from the Family Trust.

Jurisdiction
Australia
Judgment Date
03 June 2011
Procedural Posture
Family Provision Order / Principal Judgment
Outcome
Plaintiff’s claim for provision under Succession Act 2006 allowed; orders made for payment of lump sum and costs.
Legal Topics
['family Provision' 'notional Estate' 'adequacy of Provision' 'testamentary Intention' 'maintenance and Advancement']
['succession Law' 'equity'] ['family Provision' 'notional Estate' 'adequacy of Provision' 'testamentary Intention' 'maintenance and Advancement']

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Procedural Posture

Family Provision Order / Principal Judgment

Legal Issues

  1. 1 ['Whether adequate provision was made for the widow in the deceased’s Will and Codicil' 'Whether the Plaintiff is an eligible person under the Succession Act 2006' 'The quantum and nature of provision required for the Plaintiff’s maintenance and advancement' 'Whether property should be designated as notional estate']

Ratio Decidendi

Adequate provision was not made for the Plaintiff, the widow, in the Will and Codicil. Considering her assets, needs (including maintenance and repairs totalling $278,055), life expectancy, and the size of the actual and notional estate, it is proper to order a lump sum of $1,100,000 to be paid to the Plaintiff, conditional upon her renouncing any further benefit from the Family Trust.

Court Disposition

Plaintiff’s claim for provision under Succession Act 2006 allowed; orders made for payment of lump sum and costs.

Orders

  • ['Plaintiff is to receive a lump sum of $1,100,000.' 'First Defendant to decide the manner in which payment is satisfied; no immediate notional estate designation.' 'Lump sum to be paid within 28 days or as otherwise agreed; failing which, interest to be paid at the Probate & Administration Act 1898 rate.' 'If...