Helm v Helm [2011] NSWSC 377

Helm v Helm [2011] NSWSC 377

The plaintiff, Peter Helm, contributed significantly to the family property, was eligible under the Family Provision Act 1982, and although estranged for 14 years, was entitled to some provision. Considering his needs, contribution, the defendant’s claims, and estate size, a legacy of $75,000 was determined to be adequate and just.

Jurisdiction
Australia
Judgment Date
04 May 2011
Procedural Posture
Family Provision Claim / Principal Judgment
Outcome
Plaintiff receives $75,000 legacy; costs paid or retained from estate; interest to run on legacy as per Probate and Administration Act 1898.
Legal Topics
['family Provision' 'contributions by Applicant' 'estrangement' 'adult Son']
['wills and Estates'] ['family Provision' 'contributions by Applicant' 'estrangement' 'adult Son']

Case Brief

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Procedural Posture

Family Provision Claim / Principal Judgment

Legal Issues

  1. 1 ['Was the provision made for Peter John Helm inadequate for his proper maintenance, education, and advancement in life under the Family Provision Act 1982?' 'Should Peter John Helm receive a legacy from the deceased’s estate considering his contribution and estrangement?' "How should the claims of the defendants, particularly Gail Pringle, be taken into account relative to the plaintiff's claim?"]

Ratio Decidendi

The plaintiff, Peter Helm, contributed significantly to the family property, was eligible under the Family Provision Act 1982, and although estranged for 14 years, was entitled to some provision. Considering his needs, contribution, the defendant’s claims, and estate size, a legacy of $75,000 was determined to be adequate and just.

Court Disposition

Plaintiff receives $75,000 legacy; costs paid or retained from estate; interest to run on legacy as per Probate and Administration Act 1898.

Orders

  • ['The plaintiff receives a legacy of $75,000 out of the estate of the deceased.' "The plaintiff's costs on the ordinary basis and the defendants' costs on an indemnity basis are to be paid or retained out of the estate of the deceased." 'Interest is to run on the legacy at the rate provided in the Probate and...