Jurd v Public Trustee [2001] NSWSC 632

Jurd v Public Trustee [2001] NSWSC 632

The amendments to the Family Provision Act apply to estates of testators dying before 28 June 1999, provided proceedings commenced after that date. The plaintiff, having provided domestic support and personal care to the deceased with whom he was living, is an eligible person as defined by the Property (Relationships) Act. There are factors warranting the making of the application due to promises and relationship duration. Considering the plaintiff's circumstances, a small legacy is appropriate.

Jurisdiction
Australia
Judgment Date
11 July 2001
Procedural Posture
Family Provision Application / Judgment
Outcome
Application allowed with provision for plaintiff
Legal Topics
['domestic Relationship' 'close Personal Relationship' 'eligible Person' 'retrospective Application of Amendments' 'factors Warranting' 'provision for Maintenance']
['succession Law' 'family Provision'] ['domestic Relationship' 'close Personal Relationship' 'eligible Person' 'retrospective Application of Amendments' 'factors Warranting' 'provision for Maintenance']

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Procedural Posture

Family Provision Application / Judgment

Legal Issues

  1. 1 ['Does the Family Provision Act, as amended by Property (Relationships) Legislation Amendment Act 1999, apply to estates where the deceased died before the amendments took effect, but proceedings commenced after?' "Is the plaintiff an 'eligible person' by reason of a domestic relationship or partial dependence and household membership?" 'Are there factors warranting the making of the application?' 'Should provision be made for the plaintiff from the estate?']

Ratio Decidendi

The amendments to the Family Provision Act apply to estates of testators dying before 28 June 1999, provided proceedings commenced after that date. The plaintiff, having provided domestic support and personal care to the deceased with whom he was living, is an eligible person as defined by the Property (Relationships) Act. There are factors warranting the making of the application due to promises and relationship duration. Considering the plaintiff's circumstances, a small legacy is appropriate.

Court Disposition

Application allowed with provision for plaintiff

Orders

  • ["Plaintiff to receive a legacy of $20,000 conditional upon vacating 18 Crowdace Street, Elermore Vale upon one month's notice from defendant." "Plaintiff's costs on party and party basis to be paid out of the estate." "Defendant's costs to be paid or retained out of the estate on an indemnity basis." 'Leave granted...