27 Aug 2010
BURNAGE V GLEESON AND ORS HC WHA CIV-2010-488-151
- Citation
- openlaw-b389a6a1_fb88_49c7_bb87_a533b0cf7635.pdf
- Court
- High Court
A wise and just testatrix in 2006 would have done more to recognise the non‑economic and, in some cases, material needs of the claimant siblings; the lifetime gifts did not fully discharge the moral duty; the Family Court awards required adjustment (including restoration of Bryan and May's children's entitlements) and substitution of fixed legacies from the appellant's share to provide the minimum necessary remedy: $75,000 each to Max and John and $50,000 each to Donald, Raymond and David.