Oliver William HINDE v Allen John BUSH & Ors [2002] NSWSC 828

Oliver William HINDE v Allen John BUSH & Ors [2002] NSWSC 828

The plaintiff was held to be an eligible person in a close and committed de facto relationship with the deceased or at least a close personal relationship. No proper provision was made for him from the estate, justifying an order for provision and designation of notional estate, taking into account his age, financial circumstances, role as primary carer, and the size and capacity of the estate.

Parties
Plaintiff: Oliver William Hinde; Defendant: Allen John Bush; Defendant: Ors
Jurisdiction
Australia
Judgment Date
13 September 2002
Procedural Posture
Application Under the Family Provisions Act / Judgment After Hearing
Outcome
provision ordered for plaintiff
Legal Topics
Family Provision Act Claim, De Facto Relationships, Testator's Family Maintenance, Notional Estate, Provision for Eligible Persons
Succession Law Family Law Equity Family Provision Act Claim De Facto Relationships Testator's Family Maintenance Notional Estate Provision for Eligible Persons

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Parties

Oliver William Hinde

Plaintiff

Allen John Bush

Defendant

Ors

Defendant

Procedural Posture

Application Under the Family Provisions Act / Judgment After Hearing

Legal Issues

  1. 1 Whether the plaintiff was a de facto partner or close personal relationship under the relevant Act
  2. 2 Whether adequate provision was made for the plaintiff out of the deceased's estate
  3. 3 Whether notional estate should be designated under the Family Provisions Act

Ratio Decidendi

The plaintiff was held to be an eligible person in a close and committed de facto relationship with the deceased or at least a close personal relationship. No proper provision was made for him from the estate, justifying an order for provision and designation of notional estate, taking into account his age, financial circumstances, role as primary carer, and the size and capacity of the estate.

Court Disposition

provision ordered for plaintiff

Orders

  • The plaintiff receive by way of provision out of the Estate of the deceased, the sum of $200,000.00.
  • From the proceeds of the Commonwealth Investment Funds paid to the defendants the sum of $50,000.00 be designated as notional estate.