Estate Morris: Grady v Deavin [2014] NSWSC 1034

Estate Morris: Grady v Deavin [2014] NSWSC 1034

The plaintiff, though her relationship with the deceased ended decades prior, maintained a relationship involving support and generosity from the deceased in later years. Circumstances warranted the application despite the delay and the substantial passage of time. The deceased’s actions indicated recognition of the plaintiff as a natural object of his bounty. The will made no provision for the plaintiff, leaving her without adequate provision given her circumstances. Therefore, provision ought to be made to the plaintiff by way of a legacy.

Jurisdiction
Australia
Judgment Date
31 July 2014
Procedural Posture
Family Provision Application / Judgment After Hearing
Outcome
Time for filing extended; provision of $350,000 legacy to plaintiff ordered.
Legal Topics
['family Provision' 'extension of Time' "testator's Obligations to Former De Facto Partners"]
['succession Law' 'equity'] ['family Provision' 'extension of Time' "testator's Obligations to Former De Facto Partners"]

Case Brief

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Procedural Posture

Family Provision Application / Judgment After Hearing

Legal Issues

  1. 1 ["Whether the plaintiff's application for family provision should be allowed despite it being out of time" "Whether there are factors warranting the making of the plaintiff's application under s 59(1)(b) Succession Act 2006 (NSW)" "Whether the plaintiff has been left without adequate provision from the deceased's estate"]

Ratio Decidendi

The plaintiff, though her relationship with the deceased ended decades prior, maintained a relationship involving support and generosity from the deceased in later years. Circumstances warranted the application despite the delay and the substantial passage of time. The deceased’s actions indicated recognition of the plaintiff as a natural object of his bounty. The will made no provision for the plaintiff, leaving her without adequate provision given her circumstances. Therefore, provision ought to be made to the plaintiff by way of a legacy.

Court Disposition

Time for filing extended; provision of $350,000 legacy to plaintiff ordered.

Orders

  • ['Time within which the plaintiff may bring an application for a family provision order is extended up to and including the time of commencement of these proceedings.' 'Provision made for the plaintiff by way of a legacy in the sum of $350,000 out of the estate of the deceased.' 'Legacy to bear interest at the...