Sanders v Valtas [1999] NSWSC 1216

Sanders v Valtas [1999] NSWSC 1216

The plaintiffs' (children's) needs and their relationships with the deceased justified the making of provision. Their conduct was not disentitling. The small estate is to be divided equally between the three plaintiffs.

Source-derived case information.

Parties
Plaintiff: Marjorie Jean Sanders; Plaintiff: Debra Kay Jones; Plaintiff: Russell Phillip McKenzie; Defendant: Steven Valtas
Jurisdiction
Australia
Judgment Date
24 November 1999
Procedural Posture
Family Provision Application / Judgment at First Instance
Outcome
Estate to be divided equally among the three plaintiffs; costs to be paid out of the estate.
Legal Topics
Family Provision Act, Testator's Family Maintenance, Adequate Provision, Distribution of Estate
Succession Law Equity Family Provision Act Testator's Family Maintenance Adequate Provision Distribution of Estate

Source-derived case record

Summary, issues, holding and outcome

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Parties

Marjorie Jean Sanders

Plaintiff

Debra Kay Jones

Plaintiff

Russell Phillip McKenzie

Plaintiff

Steven Valtas

Defendant

Procedural Posture

Family Provision Application / Judgment at First Instance

Legal Issues

  1. 1 Whether adequate provision was made for the proper maintenance, education and advancement in life for the testator's children under the Family Provision Act
  2. 2 Whether dissension or estrangement between the deceased and the children was disentitling conduct

Ratio Decidendi

The plaintiffs' (children's) needs and their relationships with the deceased justified the making of provision. Their conduct was not disentitling. The small estate is to be divided equally between the three plaintiffs.

Court Disposition

Estate to be divided equally among the three plaintiffs; costs to be paid out of the estate.

Orders

  • The whole of the estate of the deceased to be divided between the three plaintiffs equally.
  • The defendant's costs on indemnity basis and the plaintiffs' on a party and party basis to be paid or retained out of the estate of the deceased.