Farley v Farley [1999] NSWSC 328

Farley v Farley [1999] NSWSC 328

Given the limited size of the estate, the long-standing relationship, and significant contributions of the widow, her claim is superior to that of the adult son. The widow should receive the entire estate absolutely, as providing otherwise would unjustly dispossess her of her home.

Parties
Plaintiff: Wayne Lance Farley; Defendant: Jeanette Bertha Farley; Deceased: Lance Robertson Farley
Jurisdiction
Australia
Judgment Date
14 April 1999
Procedural Posture
Family Provision/intestacy / Judgment
Outcome
Widow receives the estate absolutely. Son's claim dismissed.
Legal Topics
Family Provision, Intestacy, Estate Administration
Equity Succession Family Provision Intestacy Estate Administration

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Parties

Wayne Lance Farley

Plaintiff

Jeanette Bertha Farley

Defendant

Lance Robertson Farley

Deceased

Procedural Posture

Family Provision/intestacy / Judgment

Legal Issues

  1. 1 Whether further provision should be made from the deceased's estate for the adult son and/or widow
  2. 2 Priority of claims between widow and adult son under intestacy and the Family Provision Act 1982

Ratio Decidendi

Given the limited size of the estate, the long-standing relationship, and significant contributions of the widow, her claim is superior to that of the adult son. The widow should receive the entire estate absolutely, as providing otherwise would unjustly dispossess her of her home.

Court Disposition

Widow receives the estate absolutely. Son's claim dismissed.

Orders

  • 3959 of 1997: Summons dismissed; plaintiff to pay costs of defendant.
  • 4021 of 1997: Plaintiff to hold entire estate for her own benefit absolutely; defendant to pay costs of plaintiff.