Boardman v King & Anor [2018] NSWSC 230

Boardman v King & Anor [2018] NSWSC 230

The testator's will did not make adequate provision for the plaintiff's proper maintenance and advancement in life, given the non-viability of the property left to him, his lack of other income, and his age and skills. Adequate provision is best achieved by awarding an additional legacy of $1.3 million to enable the plaintiff to purchase a viable farming property elsewhere.

Parties
Plaintiff: Rex Stephen Boardman; First Defendant: Ruth Christine King; Second Defendant: Maxwell Charles Boardman
Jurisdiction
Australia
Judgment Date
01 March 2018
Procedural Posture
Family Provision / Succession / Judgment on Final Orders
Outcome
Judgment for the plaintiff. Provision in the form of a legacy is ordered.
Legal Topics
Family Provision, Adequate Provision, Testamentary Disposition, Legacy, Distribution of Estate
Succession Law Equity Family Provision Adequate Provision Testamentary Disposition Legacy Distribution of Estate

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Parties

Rex Stephen Boardman

Plaintiff

Ruth Christine King

First Defendant

Maxwell Charles Boardman

Second Defendant

Procedural Posture

Family Provision / Succession / Judgment on Final Orders

Legal Issues

  1. 1 Whether the plaintiff, as a child of the deceased, has been left without adequate provision for his maintenance, education or advancement in life under the will.
  2. 2 If inadequate provision was made, what order for provision should be made from the estate?

Ratio Decidendi

The testator's will did not make adequate provision for the plaintiff's proper maintenance and advancement in life, given the non-viability of the property left to him, his lack of other income, and his age and skills. Adequate provision is best achieved by awarding an additional legacy of $1.3 million to enable the plaintiff to purchase a viable farming property elsewhere.

Court Disposition

Judgment for the plaintiff. Provision in the form of a legacy is ordered.

Orders

  • Order that the plaintiff receive out of the estate of the late Victor Maxwell Boardman an additional legacy in the sum of $1,300,000.
  • Order that the legacy be borne as follows: $250,000 each by the four grandchildren (Melinda Galea, Julieanne Hickey, Geoffrey Jensen, Mark Jensen); $150,000 each by Ruth King and Max Boardman.