Killiner v Freeman [2000] NSWSC 263

Killiner v Freeman [2000] NSWSC 263

Tracey Leanne Killiner did not adequately disclose her financial circumstances and failed to establish she was left without adequate provision; her claim was dismissed. Garry William Millwood, despite poor conduct and past financial advances, established insufficient provision for proper maintenance due to medical and financial hardship; a legacy of $80,000 was awarded to him.

Jurisdiction
Australia
Judgment Date
05 April 2000
Procedural Posture
Family Provision Claim / Final Judgment
Outcome
Tracey Leanne Killiner's claim dismissed; Garry William Millwood awarded $80,000 legacy and costs; costs orders made for all parties as specified.
Legal Topics
['adequate Provision' 'conduct Disentitling' 'competing Claims Upon Bounty' 'financial Circumstances Disclosure' 'maintenance and Advancement']
['succession Law' 'family Provision'] ['adequate Provision' 'conduct Disentitling' 'competing Claims Upon Bounty' 'financial Circumstances Disclosure' 'maintenance and Advancement']

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 / Final Judgment

Legal Issues

  1. 1 ['Whether Tracey Leanne Killiner and Garry William Millwood have been left without adequate provision for their proper maintenance' 'Whether conduct disentitling bars provision' "Extent and nature of any provision to be made from the deceased's estate"]

Ratio Decidendi

Tracey Leanne Killiner did not adequately disclose her financial circumstances and failed to establish she was left without adequate provision; her claim was dismissed. Garry William Millwood, despite poor conduct and past financial advances, established insufficient provision for proper maintenance due to medical and financial hardship; a legacy of $80,000 was awarded to him.

Court Disposition

Tracey Leanne Killiner's claim dismissed; Garry William Millwood awarded $80,000 legacy and costs; costs orders made for all parties as specified.

Orders

  • ['Claim of Tracey Leanne Killiner dismissed.' 'Garry William Millwood to receive $80,000 out of estate of the deceased, payable by 5 May 2000 without interest if paid then.' 'Costs of Garry William Millwood to be paid out of estate on party and party basis.' "Tracey Leanne Killiner to pay half defendants' costs on...