Portis v Green [2017] NSWSC 1489

Portis v Green [2017] NSWSC 1489

Having regard to the applicant's financial circumstances, limited provision in the Will, the Court found that adequate provision was not made for Paul and that, balancing competing claims and community standards, proper provision was to be ordered in his favour for the greater of $286,000 or 60% of the distributable...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 November 2017
Procedural Posture
Family Provision Application / Principal Judgment
Outcome
Provision ordered in favour of applicant.
Legal Topics
['family Provision' 'maintenance' 'testamentary Freedom' 'estrangement' 'distribution of Estate']
['succession Law' 'equity'] ['family Provision' 'maintenance' 'testamentary Freedom' 'estrangement' 'distribution of Estate']

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Procedural Posture

Family Provision Application / Principal Judgment

Legal Issues

  1. 1 ['Whether the testator failed to make adequate provision for the applicant under the Succession Act 2006 (NSW)' 'The effect of estrangement on the applicant’s right to provision' 'Balancing claims between an adult child and a charityrecipient']

Ratio Decidendi

Having regard to the applicant's financial circumstances, limited provision in the Will, the Court found that adequate provision was not made for Paul and that, balancing competing claims and community standards, proper provision was to be ordered in his favour for the greater of $286,000 or 60% of the distributable estate.

Court Disposition

Provision ordered in favour of applicant.

Orders

  • ['Paul Shaun Portis is to receive the greater of $286,000 or 60% of the distributable value of the Estate.']