Cantrell v Williams [2004] NSWSC 579

Cantrell v Williams [2004] NSWSC 579

The court ordered that the burden be borne solely by the stepchildren because, although discounted, the submission that the will focused on benefaction of the children had some weight; there was evidence of some needs by the children and none for the stepchildren; the children appeared closer to the deceased in his last years; no submissions were made for the stepchildren; and the result was more likely than not to accord with the testator's wishes.

Jurisdiction
Australia
Judgment Date
28 June 2004
Procedural Posture
Family Provision Act Proceedings Concerning the Estate of Thomas Brindle / Judgment on Compromised Proceedings and Orders Under S 13 of the Family Provision Act 1982
Outcome
Orders made.
Legal Topics
['burden of Family Provision Orders' 'distribution of Estate' "testator's Likely Wishes" 'provision for De Facto Wife, Children and Stepchildren']
['succession' 'family Provision' 'equity'] ['burden of Family Provision Orders' 'distribution of Estate' "testator's Likely Wishes" 'provision for De Facto Wife, Children and Stepchildren']

Case Brief

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Procedural Posture

Family Provision Act Proceedings Concerning the Estate of Thomas Brindle / Judgment on Compromised Proceedings and Orders Under S 13 of the Family Provision Act 1982

Legal Issues

  1. 1 ['How the burden of the family provision orders should be borne under s 13 of the Family Provision Act 1982.' 'Whether the burden should be borne solely by the stepchildren.']

Ratio Decidendi

The court ordered that the burden be borne solely by the stepchildren because, although discounted, the submission that the will focused on benefaction of the children had some weight; there was evidence of some needs by the children and none for the stepchildren; the children appeared closer to the deceased in his last years; no submissions were made for the stepchildren; and the result was more likely than not to accord with the testator's wishes.

Court Disposition

Orders made.

Orders

  • ['Orders 1 to 7 in the short minutes of order made.']