15 Mar 2022
Although the will treated the claimant less favourably as to the share portfolio (creating unfairness in mechanism), the overall dispositions (one‑third of house, approximately $290,000 residue share, and a life interest generating around $26,000 pa) together with claimant's own assets and superannuation meant the testator discharged her moral duty; therefore the Family Protection Act claim was dismissed.
6 Mar 2015
The court ordered sale of the estate property and directed the net proceeds be held on trust pending calculation of the widow's life interest, permitting payment of the calculated life interest and reasonable litigation guardian costs, with the balance distributed to residuary beneficiaries in accordance with the will.
2 Apr 2014
The court held that the proposed Deed of Family Arrangement was not to the minor's detriment and was likely to confer a significant benefit by providing immediate capital and resolving threatened claims; accordingly the Court approved the Deed under s64A Trustee Act 1956 on condition the minor's share is held on trust until she turns 20 and then distributed with accrued interest or capital gain.
3 Sept 2013
Leave to appeal was refused because the proposed grounds were predominantly factual disputes (life expectancy and valuation) supported by uncontested medical evidence and differing valuation assumptions, the constructive trust claim lacked the necessary contributions to trust assets and was not advanced below, the new grounds were not raised earlier and do not raise a tenable legal basis, and the monetary difference was insufficient to justify the cost and delay of a second appeal.
21 Nov 2008
The remainder interests are trust property under s64(1) and, balancing administration considerations (reducing future conflict and maintenance disputes) and the welfare of minor beneficiaries (immediate secure invested funds versus distant uncertain remainders), it was expedient and in the minors' best interests to authorise Shelley to acquire the minor grandchildren's remainder interests at the agreed valuation; adult beneficiaries who refuse (Henry) cannot be compelled and their position remains unchanged.