Sullivan v Sullivan [2007] NSWSC 343

Sullivan v Sullivan [2007] NSWSC 343

The provision made for the plaintiff by the testator of $50,000 was inadequate given the uncertainties over the plaintiff's and his wife's future earning capacity and modest capital resources. The plaintiff's diminished contact with the testator did not amount to conduct justifying a reduction of provision. Considering the circumstances, a legacy of $150,000 should be provided to the plaintiff in lieu of $50,000.

Parties
Plaintiff: Terence John Sullivan; Defendant: Anthony Francis Sullivan
Jurisdiction
Australia
Judgment Date
29 March 2007
Procedural Posture
Family Provision Application / Final Judgment After Hearing
Outcome
Provision made in favour of the plaintiff; plaintiff to receive $150,000 in lieu of $50,000 legacy under the will.
Legal Topics
Family Provision, Provision for Adult Children, Inheritance Disputes
Succession Equity Family Provision Provision for Adult Children Inheritance Disputes

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Parties

Terence John Sullivan

Plaintiff

Anthony Francis Sullivan

Defendant

Procedural Posture

Family Provision Application / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the plaintiff, as an adult child, was left without adequate provision for his proper maintenance by the testator's will
  2. 2 What further provision (if any) should be made for the plaintiff from the deceased's estate

Ratio Decidendi

The provision made for the plaintiff by the testator of $50,000 was inadequate given the uncertainties over the plaintiff's and his wife's future earning capacity and modest capital resources. The plaintiff's diminished contact with the testator did not amount to conduct justifying a reduction of provision. Considering the circumstances, a legacy of $150,000 should be provided to the plaintiff in lieu of $50,000.

Court Disposition

Provision made in favour of the plaintiff; plaintiff to receive $150,000 in lieu of $50,000 legacy under the will.

Orders

  • Plaintiff to receive a legacy of $150,000 in lieu of $50,000 under the will, payable as $110,000 from the first instalment received from the Cullens and $20,000 from each of the two subsequent $50,000 instalments.