Curtain v Curtain and Anor - Estate D.D.B. Curtain [2005] NSWSC 35

Curtain v Curtain and Anor - Estate D.D.B. Curtain [2005] NSWSC 35

Further provision should be made for the plaintiff by the establishment of a trust in the sum of $400,000 from the estate to ensure secure accommodation for her lifetime and surplus income, reflecting the deceased's duty and the Family Provision Act’s requirements. Mutual wills agreement does not remove assets from the operation of the Act.

Parties
Plaintiff: May Curtain; First Defendant: John Arthur Curtain; Second Defendant: Barbara Gai Dougall
Jurisdiction
Australia
Judgment Date
31 January 2005
Procedural Posture
Family Provision / Final Judgment
Outcome
Plaintiff to have life interest in the assets of the estate.
Legal Topics
Family Provision Claim, Mutual Wills, Life Interest, Testamentary Dispositions
Succession Law Family Provision Family Provision Claim Mutual Wills Life Interest Testamentary Dispositions

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Parties

May Curtain

Plaintiff

John Arthur Curtain

First Defendant

Barbara Gai Dougall

Second Defendant

Procedural Posture

Family Provision / Final Judgment

Legal Issues

  1. 1 Whether the deceased’s will made adequate provision for the plaintiff’s accommodation and needs under the Family Provision Act 1982 (NSW)
  2. 2 Whether the estate's assets were held on trust for the plaintiff alone due to a mutual wills agreement

Ratio Decidendi

Further provision should be made for the plaintiff by the establishment of a trust in the sum of $400,000 from the estate to ensure secure accommodation for her lifetime and surplus income, reflecting the deceased's duty and the Family Provision Act’s requirements. Mutual wills agreement does not remove assets from the operation of the Act.

Court Disposition

Plaintiff to have life interest in the assets of the estate.

Orders

  • Further provision to be made by establishing a trust in the sum of $400,000 for the plaintiff’s secure accommodation and life interest.
  • After the plaintiff’s death, half of the trust to be distributed to the defendants and half as per plaintiff’s will.