Yee v Yee & Anor [2016] NSWSC 360

Yee v Yee & Anor [2016] NSWSC 360

The plaintiff did not establish the necessary 'factors warranting' the making of any order for provision under s 59(1)(b) of the Succession Act, having not demonstrated a relationship with the deceased that would render him a natural object of testamentary intention above other similarly assisted family members. The relationship did not rise above that of nephew/uncle nor did circumstances show special responsibility or obligation. Therefore, the application fails and no order for provision is made.

Parties
Plaintiff: William Yee; First Defendant: Robert Yee; Second Defendant: Phillip Yee
Jurisdiction
Australia
Judgment Date
01 April 2016
Procedural Posture
Family Provision Claim Under Succession Act / Final Judgment
Outcome
Summons dismissed with costs.
Legal Topics
Family Provision, Eligible Person, Adequate Provision, Factors Warranting, Testamentary Intention
Succession Law Equity Family Provision Eligible Person Adequate Provision Factors Warranting Testamentary Intention

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Parties

William Yee

Plaintiff

Robert Yee

First Defendant

Phillip Yee

Second Defendant

Procedural Posture

Family Provision Claim Under Succession Act / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff, as a nephew of the deceased, is an eligible person under Succession Act, s 57(1)(e)
  2. 2 Whether there are 'factors warranting' the making of an order for provision under Succession Act, s 59(1)(b)
  3. 3 Whether adequate provision was made for the plaintiff by the deceased's will

Ratio Decidendi

The plaintiff did not establish the necessary 'factors warranting' the making of any order for provision under s 59(1)(b) of the Succession Act, having not demonstrated a relationship with the deceased that would render him a natural object of testamentary intention above other similarly assisted family members. The relationship did not rise above that of nephew/uncle nor did circumstances show special responsibility or obligation. Therefore, the application fails and no order for provision is made.

Court Disposition

Summons dismissed with costs.

Orders

  • Summons dismissed.
  • Order the plaintiff to pay the defendants' costs of these proceedings.