MacAlpine v MacAlpine [2020] NSWSC 824

Supreme Court New South Wales

Medium Neutral Citation: MacAlpine v MacAlpine [2020] NSWSC 824 Hearing dates: 19, 20 December 2019; 29 April 2020 Date of orders: 26 June 2020 Decision date: 26 June 2020 Jurisdiction: Equity - Family Provision List Before: Parker J Decision: See [347]-[349] Catchwords: SUCCESSION – family provision – proper provision for maintenance education and advancement – claim by estranged adult child with net assets of $4.3 million conducting farming enterprise – "financial needs" – alleged misappropriation by deceased of part of claimant's inheritance when he was a child – alleged forbearance by claimant in settlement of claim against deceased's husband's estate – alleged reconciliation between claimant and deceased – negative judgment of claimant in deceased's will – no entitlement to provision Legislation Cited: Limitation Act 1969 (NSW), ss 11, 47, 47(1)(e), 52 Minors (Property and Contracts) Act 1970 (NSW), s 8 Succession Act 2006 (NSW), Pt 3, ss 57(1)(c), 58, 59(2), 59(1)(c), 60(1)(d) Cases Cited: Bective v Federal Commissioner of Taxation (1932) 47 CLR 417 Bird v Bird [2013] NSWCA 262 Briginshaw v Briginshaw (1938) 60 CLR 336 Delaforce v Simpson-Cook (2010) 78 NSWLR 483 Hannaford v Hannaford [2010] NSWSC 911 Olsen v Olsen [2019] NSWCA 278 Sgro v Thompson [2017] NSWCA 326 Slack v Rogan (2013) 85 NSWLR 253 Steinmetz v Shannon (2019) 99 NSWLR 687 Vigolo v Bostin (2005) 221 CLR 191 Category: Principal judgment Parties: Stuart MacAlpine (Plaintiff) Grant MacAlpine (Defendant) Representation: Counsel: GE Underwood (Plaintiff) B Skinner (Defendant)