Rada v Smith [2024] NSWSC 273
Provision should be ordered for the plaintiff in the amount which is the greater of $300,000 or 60% of the residue, taking into account her modest but secure circumstances, the lack of demonstrated specific needs, the testator's intention to benefit Guide Dogs, and the desirability of proportionality should the residue vary with the house sale.
- Jurisdiction
- Australia
- Judgment Date
- 14 March 2024
- Procedural Posture
- Family Provision Claim / Final Judgment
- Outcome
- Provision ordered for the plaintiff in the amount which is the greater of $300,000 or 60% of the residue.
- Legal Topics
- ['family Provision' 'adult Child' 'testamentary Autonomy' 'charitable Gifts' 'estrangement']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Family Provision Claim / Final Judgment
Legal Issues
- 1 ['What amount of provision should be ordered for the plaintiff from the estate for her maintenance, education and advancement in life under s 59(2) of the Succession Act 2006 (NSW)?']
Ratio Decidendi
Provision should be ordered for the plaintiff in the amount which is the greater of $300,000 or 60% of the residue, taking into account her modest but secure circumstances, the lack of demonstrated specific needs, the testator's intention to benefit Guide Dogs, and the desirability of proportionality should the residue vary with the house sale.
Court Disposition
Provision ordered for the plaintiff in the amount which is the greater of $300,000 or 60% of the residue.
Orders
- ['Provision be made for Rebecca Kelly Rada from the residue of the estate in that amount which is the greater of $300,000 or 60% of the residue.']
Full Case Text
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