Re Estate Luce; Turch v Tripolone [2020] NSWSC 117

Re Estate Luce; Turch v Tripolone [2020] NSWSC 117

The plaintiff did not establish that he was left without adequate provision for his maintenance, education or advancement in life; his entitlement to a one-third share (approx. $330,000) was not inadequate, and no further provision ought to be made, particularly given the equal treatment of all children and lack of justification for greater provision to the plaintiff.

Parties
Plaintiff: Robert Guiseppe Turch; Defendant: Diana Sandra Tripolone
Jurisdiction
Australia
Judgment Date
28 February 2020
Procedural Posture
Family Provision Application / Final Hearing and Judgment
Outcome
Plaintiff's application for a family provision order dismissed.
Legal Topics
Family Provision, Intestate Estate, Estranged Adult Child, Adequate Provision, Testamentary Intention
Succession Law Equity Family Provision Intestate Estate Estranged Adult Child Adequate Provision Testamentary Intention

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Parties

Robert Guiseppe Turch

Plaintiff

Diana Sandra Tripolone

Defendant

Procedural Posture

Family Provision Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the plaintiff, an estranged adult son, has been left without adequate provision for his maintenance, education, and advancement in life from the deceased's intestate estate under the Succession Act 2006 (NSW)
  2. 2 Whether further provision ought to be made from the estate for the plaintiff

Ratio Decidendi

The plaintiff did not establish that he was left without adequate provision for his maintenance, education or advancement in life; his entitlement to a one-third share (approx. $330,000) was not inadequate, and no further provision ought to be made, particularly given the equal treatment of all children and lack of justification for greater provision to the plaintiff.

Court Disposition

Plaintiff's application for a family provision order dismissed.

Orders

  • The amended summons is dismissed.
  • Prima facie, costs follow the event; final costs orders reserved for further submissions.