Richard Leon Black v Michael Edward Black [2011] NSWSC 1448

Richard Leon Black v Michael Edward Black [2011] NSWSC 1448

The plaintiff was in bad financial circumstances, had taken considerable time off work to care for his father, and there was no conduct justifying the deceased's failure to provide for him. However, proper provision did not require an order large enough to discharge all or most of his debts or mortgage. Balancing the plaintiff's legitimate claim against the position of the grandchildren, provision of $83,000 plus transfer of the Jeep motorcar valued at $17,000 was appropriate.

Jurisdiction
Australia
Judgment Date
21 November 2011
Procedural Posture
Application for Provision Out of the Estate of a Father Under S 59 of the Succession Act 2006 / Principal Judgment
Outcome
Provision ordered for the plaintiff out of the estate of Cecil Audley Black, deceased, in the sum of $83,000 plus transfer to him of the Jeep motorcar owned by the deceased; costs of the parties ordered to be paid out of the estate, with the defendant's costs on the indemnity basis.
Legal Topics
['family Provision' 'provision Out of Deceased Estate' 'adequate Provision' 'costs Out of Estate']
['wills and Estates' 'succession Law'] ['family Provision' 'provision Out of Deceased Estate' 'adequate Provision' 'costs Out of Estate']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Provision Out of the Estate of a Father Under S 59 of the Succession Act 2006 / Principal Judgment

Legal Issues

  1. 1 ['Whether adequate provision had been made for the plaintiff out of the estate of Cecil Audley Black, deceased.' 'If adequate provision had not been made, what provision ought to be made for the plaintiff under the Succession Act 2006.' "Whether the plaintiff's financial circumstances, care for the deceased, and the position of the grandchildren justified provision notwithstanding the deceased's will leaving the estate to the grandchildren."]

Ratio Decidendi

The plaintiff was in bad financial circumstances, had taken considerable time off work to care for his father, and there was no conduct justifying the deceased's failure to provide for him. However, proper provision did not require an order large enough to discharge all or most of his debts or mortgage. Balancing the plaintiff's legitimate claim against the position of the grandchildren, provision of $83,000 plus transfer of the Jeep motorcar valued at $17,000 was appropriate.

Court Disposition

Provision ordered for the plaintiff out of the estate of Cecil Audley Black, deceased, in the sum of $83,000 plus transfer to him of the Jeep motorcar owned by the deceased; costs of the parties ordered to be paid out of the estate, with the defendant's costs on the indemnity basis.

Orders

  • ['Order that provision be made for the plaintiff out of the estate of Cecil Audley Black, deceased, in the sum of $83,000 plus the transfer to him of the Jeep motorcar owned by the deceased.' 'Order the costs of the parties be paid out of the estate of the deceased, those of the defendant on the indemnity basis.'...