Russell v Percy [2004] NSWSC 804

Russell v Percy [2004] NSWSC 804

The Plaintiff, though entitled to a substantial share under the will, had health and employment challenges and little by way of assets, warranting some additional provision. However, as other beneficiaries particularly Mrs Booth were in difficult circumstances, the Plaintiff was awarded a legacy of $150,000 from the shares of certain beneficiaries, not affecting Mrs Booth’s entitlement.

Jurisdiction
Australia
Judgment Date
01 September 2004
Procedural Posture
Family Provision Claim / Judgment
Outcome
Plaintiff awarded additional legacy; costs awarded out of estate.
Legal Topics
['family Provision' 'adequate Provision' "testator's Intent" 'competing Claims of Beneficiaries']
['succession Law'] ['family Provision' 'adequate Provision' "testator's Intent" 'competing Claims of Beneficiaries']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Family Provision Claim / Judgment

Legal Issues

  1. 1 ['Whether the Plaintiff has been left without adequate provision for her proper maintenance' 'Whether the Plaintiff is entitled to additional provision from the estate of the Deceased beyond her entitlement under the will']

Ratio Decidendi

The Plaintiff, though entitled to a substantial share under the will, had health and employment challenges and little by way of assets, warranting some additional provision. However, as other beneficiaries particularly Mrs Booth were in difficult circumstances, the Plaintiff was awarded a legacy of $150,000 from the shares of certain beneficiaries, not affecting Mrs Booth’s entitlement.

Court Disposition

Plaintiff awarded additional legacy; costs awarded out of estate.

Orders

  • ['Plaintiff to receive a legacy of $150,000, borne by the shares of Diana Marie Percy, Luke Simpson Percy, Ruth Emily Russell and Thomas Keith Everall Russell; legacy not to bear interest if paid by 1 December 2004, else to bear interest as prescribed by statute.' 'Costs of Plaintiff on party and party basis and...