McCrea v Jones [2003] NSWSC 221

McCrea v Jones [2003] NSWSC 221

The plaintiff, a disabled adult son living on a disability pension with virtually no assets other than his home, was not adequately provided for by the will notwithstanding the deceased's lifetime provision of a debt-free home and the plaintiff's difficult conduct, which was tempered by his disabilities. Having regard to the defendant's circumstances, her substantial contributions to the estate property, and the estate's distribution, a further legacy of $65,000 was appropriate and the defendant's interest in 42 Pomono Road, Empire Bay should be designated as notional estate to the extent necessary to satisfy the legacy and costs orders.

Jurisdiction
Australia
Judgment Date
26 March 2003
Procedural Posture
Application Under the Family Provision Act in Respect of a Deceased Estate / Final Judgment
Outcome
Further provision ordered for the plaintiff and notional estate designated.
Legal Topics
['adequate Provision for Proper Maintenance' 'adult Child With Disability' 'notional Estate' 'testamentary Provision' 'conduct Towards Testator' 'costs From Notional Estate']
['succession' 'family Provision' 'equity'] ['adequate Provision for Proper Maintenance' 'adult Child With Disability' 'notional Estate' 'testamentary Provision' 'conduct Towards Testator' 'costs From Notional Estate']

Case Brief

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Procedural Posture

Application Under the Family Provision Act in Respect of a Deceased Estate / Final Judgment

Legal Issues

  1. 1 ["Whether the provision made for the plaintiff under the deceased's will was inadequate for his proper maintenance, education and advancement in life." "Whether further provision should be ordered for the plaintiff having regard to his disability, financial needs, previous benefits received from the deceased, his conduct towards the deceased and his mother, the defendant's circumstances and contributions, and the size and nature of the estate." "Whether the defendant's interest in 42 Pomono Road, Empire Bay should be designated as notional estate to satisfy the order."]

Ratio Decidendi

The plaintiff, a disabled adult son living on a disability pension with virtually no assets other than his home, was not adequately provided for by the will notwithstanding the deceased's lifetime provision of a debt-free home and the plaintiff's difficult conduct, which was tempered by his disabilities. Having regard to the defendant's circumstances, her substantial contributions to the estate property, and the estate's distribution, a further legacy of $65,000 was appropriate and the defendant's interest in 42 Pomono Road, Empire Bay should be designated as notional estate to the extent necessary to satisfy the legacy and costs orders.

Court Disposition

Further provision ordered for the plaintiff and notional estate designated.

Orders

  • ['The plaintiff receive a further legacy of $65,000.' "The defendant's interest in 42 Pomono Road, Empire Bay is designated as notional estate to the extent necessary to satisfy the legacy and costs orders." "Subject to submissions, the plaintiff's costs on a party and party basis and the defendant's costs on an...