Deron v Deron [2001] NSWSC 807

Deron v Deron [2001] NSWSC 807

The testator did not, despite the plaintiff's poverty, fail to make provision because he was not capable of making any further provision than providing for his widow, who herself had limited resources.

Source-derived case information.

Parties
Plaintiff: William John Deron; Defendant: Lydia Deron
Jurisdiction
Australia
Judgment Date
16 August 2001
Procedural Posture
Family Provision – Succession / Final Judgment After Hearing
Outcome
Proceedings dismissed
Legal Topics
Claim by Adult Child, Provision for Widow, Testator's Obligations, Promises of Testamentary Disposition
Succession Law Family Provision Claim by Adult Child Provision for Widow Testator's Obligations Promises of Testamentary Disposition

Source-derived case record

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Parties

William John Deron

Plaintiff

Lydia Deron

Defendant

Procedural Posture

Family Provision – Succession / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the testator failed to make adequate provision for the plaintiff under the Family Provision Act 1982
  2. 2 Whether the plaintiff, as an adult son, is entitled to provision from the estate given the circumstances

Ratio Decidendi

The testator did not, despite the plaintiff's poverty, fail to make provision because he was not capable of making any further provision than providing for his widow, who herself had limited resources.

Court Disposition

Proceedings dismissed

Orders

  • Proceedings dismissed
  • No further order for costs beyond prior order for costs of one day against the plaintiff