Carrick & Anor v Public Trustee - Estate of Carrick [2002] NSWSC 1000

Carrick & Anor v Public Trustee - Estate of Carrick [2002] NSWSC 1000

The Court found that adequate provision had not been made for Julie Ann Carrick but had been made for Jennifer Margaret White. Julie was to receive $70,000 from the estate. No provision was made for Jennifer as she was better off financially and the deceased had no ongoing moral obligation in her case.

Jurisdiction
Australia
Judgment Date
25 October 2002
Procedural Posture
Family Provision/estate / Final Judgment
Outcome
Partly in favour of First Plaintiff; no provision for Second Plaintiff; orders as to costs made
Legal Topics
['family Provision' 'estate Distribution']
['succession Law' 'equity'] ['family Provision' 'estate Distribution']

Case Brief

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Procedural Posture

Family Provision/estate / Final Judgment

Legal Issues

  1. 1 ['Whether adequate provision has been made for the proper maintenance, education and advancement in life of the plaintiffs under the will of the deceased' 'What, if any, provision should be made for each plaintiff from the estate']

Ratio Decidendi

The Court found that adequate provision had not been made for Julie Ann Carrick but had been made for Jennifer Margaret White. Julie was to receive $70,000 from the estate. No provision was made for Jennifer as she was better off financially and the deceased had no ongoing moral obligation in her case.

Court Disposition

Partly in favour of First Plaintiff; no provision for Second Plaintiff; orders as to costs made

Orders

  • ['Julie Ann Carrick receive by way of lump sum payment the sum of $70,000.00 out of the estate of the late Shirley Lorraine Carrick deceased.' "The defendant pay Julie Ann Carrick's costs on a party/party basis." 'The proceedings by Jennifer Margaret White be dismissed.' 'In respect of Jennifer Margaret White each...