Bull v Booth [2011] NSWSC 1231

Bull v Booth [2011] NSWSC 1231

Although at least two plaintiffs were in very difficult financial circumstances, the estate was small, the defendant was the deceased's widower and natural object of her bounty after a 16-year relationship, he had significant medical problems and no opportunity to improve his financial position, and estate expenses...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 October 2011
Procedural Posture
Family Provision Application Under the Succession Act (2006) / Principal Judgment After Hearing
Outcome
Proceedings dismissed. Parties to be heard on costs.
Legal Topics
['application by Children of First Marriage' 'provision for Widower' 'small Estate' 'competing Claims to Testamentary Provision' 'adequate Provision for Proper Maintenance, Education and Advancement in Life']
['wills and Estates' 'succession' 'family Provision'] ['application by Children of First Marriage' 'provision for Widower' 'small Estate' 'competing Claims to Testamentary Provision' 'adequate Provision for Proper Maintenance, Education and Advancement in Life']

Source-derived case record

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Procedural Posture

Family Provision Application Under the Succession Act (2006) / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the provision, if any, made for each plaintiff was inadequate for proper maintenance, education and advancement in life.' "Whether the deceased's small estate was large enough to accommodate provision for the plaintiffs in competition with the defendant's claim as widower and long-term partner." 'Whether a life estate or Crisp order was appropriate in the circumstances.']

Ratio Decidendi

Although at least two plaintiffs were in very difficult financial circumstances, the estate was small, the defendant was the deceased's widower and natural object of her bounty after a 16-year relationship, he had significant medical problems and no opportunity to improve his financial position, and estate expenses and litigation costs would substantially reduce what remained for his accommodation. Having regard to all the circumstances, the defendant should retain the benefits given to him under the will and no family provision order should be made for the plaintiffs.

Court Disposition

Proceedings dismissed. Parties to be heard on costs.

Orders

  • ['Proceedings dismissed.' 'Parties to be heard on costs.']