Hunter & Anor. v. Public Trustee [2000] NSWSC 83

Hunter & Anor. v. Public Trustee [2000] NSWSC 83

The plaintiffs are eligible persons under the Act, and due to their dependance and inadequate provision by the will, as well as the lack of a strong competing claim from the beneficiary, the whole estate should be given to the plaintiffs as joint tenants.

Jurisdiction
Australia
Judgment Date
23 February 2000
Procedural Posture
Family Provision Application / Judgment
Outcome
Application granted
Legal Topics
['family Provision' "stepchildren's Rights Under Family Provision Act"]
['succession Law' 'equity'] ['family Provision' "stepchildren's Rights Under Family Provision Act"]

Case Brief

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Procedural Posture

Family Provision Application / Judgment

Legal Issues

  1. 1 ["Whether the plaintiffs, as stepchildren, are eligible persons under the Family Provision Act and entitled to provision from the deceased's estate" "Whether the provision made by the deceased's will was inadequate for the proper maintenance of the plaintiffs"]

Ratio Decidendi

The plaintiffs are eligible persons under the Act, and due to their dependance and inadequate provision by the will, as well as the lack of a strong competing claim from the beneficiary, the whole estate should be given to the plaintiffs as joint tenants.

Court Disposition

Application granted

Orders

  • ['Plaintiffs to receive as joint tenants the whole of the estate of the late Stella Constance Hunter.' 'Costs of the Public Trustee on an indemnity basis to be paid from the estate.']