COOK AND Anor v COOK [1997] NSWCA 79

COOK AND Anor v COOK [1997] NSWCA 79

The Court held that both the breakdown in the relationship and the lack of provision in the will could not be wholly attributed to the daughters. The deceased should have made some provision for both. Their financial positions and needs warranted awards, with a larger amount for the less well-off daughter. The Master erred in dismissing their claims. The appeals were allowed, and orders made for payment to both daughters.

Parties
Appellant: Rozlyn Cook; Appellant: Susan Cook; Respondent Executor: Geoffrey Cook
Jurisdiction
Australia
Judgment Date
14 October 1997
Procedural Posture
Appeal / Judgment
Outcome
Appeals allowed; orders made in favour of the daughters.
Legal Topics
Family Provision, Testator's Duty to Provide for Children, Entitlements of Adult Children, Breakdown of Parent Child Relationship
Family Law Succession Law Family Provision Testator's Duty to Provide for Children Entitlements of Adult Children Breakdown of Parent Child Relationship

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Parties

Rozlyn Cook

Appellant

Susan Cook

Appellant

Geoffrey Cook

Respondent Executor

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the adult daughters were entitled to provision out of their father's estate under the Family Provision Act despite a poor relationship with the deceased
  2. 2 Whether the Master erred in dismissing the daughters' claims for provision

Ratio Decidendi

The Court held that both the breakdown in the relationship and the lack of provision in the will could not be wholly attributed to the daughters. The deceased should have made some provision for both. Their financial positions and needs warranted awards, with a larger amount for the less well-off daughter. The Master erred in dismissing their claims. The appeals were allowed, and orders made for payment to both daughters.

Court Disposition

Appeals allowed; orders made in favour of the daughters.

Orders

  • Set aside the decision of Master McLaughlin.
  • Order payment of $80,000 to Rozlyn Cook without interest if paid within 28 days.