Slater v Thorne [2011] NSWSC 279

Slater v Thorne [2011] NSWSC 279

The Plaintiff, being an eligible person, was not adequately provided for by the Will for her proper maintenance and advancement in life, taking into account her current financial circumstances, modest estate, and the nature of the relationships. The court ordered a lump sum of $200,000 be paid to her from the estate in lieu of the previous provision, finding this amount appropriate to meet her present and future needs without unduly impacting the Defendant's entitlement.

Parties
Plaintiff: Maxine Thorne Slater; Defendant: Hayley Thorne
Jurisdiction
Australia
Judgment Date
08 April 2011
Procedural Posture
Application for Family Provision Order / Judgment After Hearing on Merits
Outcome
Family provision order made in favour of the Plaintiff.
Legal Topics
Family Provision Orders, Adult Child Claims, Adequate Provision, Freedom of Testamentary Disposition, Succession Act 2006 (nsw), Statutory Interpretation
Succession Law Equity Family Provision Orders Adult Child Claims Adequate Provision Freedom of Testamentary Disposition Succession Act 2006 (nsw) Statutory Interpretation

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Parties

Maxine Thorne Slater

Plaintiff

Hayley Thorne

Defendant

Procedural Posture

Application for Family Provision Order / Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether the Plaintiff is an eligible person under the Succession Act 2006 (NSW)
  2. 2 Whether adequate provision for the Plaintiff's proper maintenance, education or advancement in life was made by the deceased's Will
  3. 3 If not, whether and what family provision order should be made

Ratio Decidendi

The Plaintiff, being an eligible person, was not adequately provided for by the Will for her proper maintenance and advancement in life, taking into account her current financial circumstances, modest estate, and the nature of the relationships. The court ordered a lump sum of $200,000 be paid to her from the estate in lieu of the previous provision, finding this amount appropriate to meet her present and future needs without unduly impacting the Defendant's entitlement.

Court Disposition

Family provision order made in favour of the Plaintiff.

Orders

  • The Plaintiff is to receive a lump sum of $200,000 from the estate in lieu of the provision made in the Will.
  • $150,000 is to be paid within 28 days; the balance within a further 28 days; interest applies on overdue amounts at the rate prescribed for unpaid legacies until payment.