Wilcox v Wilcox (No 2) [2014] NSWSC 88

Wilcox v Wilcox (No 2) [2014] NSWSC 88

Robert Wilcox, although a mere grandson, qualifies as an eligible person for family provision under s57(1)(e) of the Succession Act. Division of pastoral holdings is not economically feasible; monetary provision is more appropriate. The statutory requirement is to make adequate and proper provision, which in this case is met by payment of $387,000—$107,000 immediately and seven annual payments of $40,000—from the estate. The orders minimise hardship to the estate and are consistent with the testator's intentions.

Jurisdiction
Australia
Judgment Date
21 February 2014
Procedural Posture
Family Provision / Final Orders After Previous Judgment
Outcome
Family provision granted to first plaintiff; monetary orders made.
Legal Topics
['family Provision' 'estate Distribution' 'court Appointed Expert' 'appropriate Order' 'evidence']
['succession Law' 'equity'] ['family Provision' 'estate Distribution' 'court Appointed Expert' 'appropriate Order' 'evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Family Provision / Final Orders After Previous Judgment

Legal Issues

  1. 1 ["Whether the first plaintiff (grandson) is entitled to family provision from his grandfather's estate" 'What constitutes adequate and proper provision for the first plaintiff' 'Whether division of pastoral holdings is economically feasible for provision to the plaintiffs']

Ratio Decidendi

Robert Wilcox, although a mere grandson, qualifies as an eligible person for family provision under s57(1)(e) of the Succession Act. Division of pastoral holdings is not economically feasible; monetary provision is more appropriate. The statutory requirement is to make adequate and proper provision, which in this case is met by payment of $387,000—$107,000 immediately and seven annual payments of $40,000—from the estate. The orders minimise hardship to the estate and are consistent with the testator's intentions.

Court Disposition

Family provision granted to first plaintiff; monetary orders made.

Orders

  • ['Provision be made out of the estate by payment of $387,000 to Robert William Wilcox: $107,000 within 90 days, seven annual instalments of $40,000 commencing 21 February 2016.' 'Usual order for costs, subject to written submissions by the defendant as to special costs orders.']