Pargeter v Pargeter [2024] NSWSC 675

Pargeter v Pargeter [2024] NSWSC 675

The proper apportionment of the burden of provision reflects relevant concessions, the testamentary scheme, and the evaluative judgment of the Court: first $100,000 borne by Richard Pargeter, balance $50,000 borne pro rata by specific legatees other than Mark Hillman; portable life estate provision to be borne by residuary beneficiaries pro rata to their interests.

Jurisdiction
Australia
Judgment Date
31 May 2024
Procedural Posture
Family Provision Claim / Post Settlement Consequential Orders
Outcome
Orders made regarding apportionment of provision from estate specific legacies and residuary estate.
Legal Topics
['family Provision' 'burden of Provision' 'settlement' 'specific Legacies' 'residuary Estate']
['succession'] ['family Provision' 'burden of Provision' 'settlement' 'specific Legacies' 'residuary Estate']

Case Brief

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Procedural Posture

Family Provision Claim / Post Settlement Consequential Orders

Legal Issues

  1. 1 ['Where the burden of family provision should lie in a settled claim' 'Whether provision is to come out of specific legacies or the residuary estate']

Ratio Decidendi

The proper apportionment of the burden of provision reflects relevant concessions, the testamentary scheme, and the evaluative judgment of the Court: first $100,000 borne by Richard Pargeter, balance $50,000 borne pro rata by specific legatees other than Mark Hillman; portable life estate provision to be borne by residuary beneficiaries pro rata to their interests.

Court Disposition

Orders made regarding apportionment of provision from estate specific legacies and residuary estate.

Orders

  • ["Of the 'lump sum' provision, first $100,000 to be borne by Richard Pargeter; balance of $50,000 to be borne pro rata by specified legatees as proportion of $310,000." 'Portable life estate provision to be borne by residuary beneficiaries pro rata according to their interest in the residue, with Alexander Nott...