Vella v Vella; Vella v Vella [2020] NSWSC 849

Supreme Court New South Wales

Medium Neutral Citation: Vella v Vella; Vella v Vella [2020] NSWSC 849 Hearing dates: 22, 23 and 24 April 2020 Date of orders: 2 July 2020 Decision date: 02 July 2020 Jurisdiction: Equity - Family Provision List Before: Williams J Decision: In proceeding 2018/385260, the plaintiff is entitled to provision in a lump sum of $150,000 for her maintenance, education and advancement in life out of the estate of the late Laura Anna Delores Vella, in lieu of the provision of $2,000 made in the last will of the late Laura Anna Delores Vella dated 11 December 2017. In proceeding 2018/385260, the plaintiff's application for provision out of the estate of the late Laura Anna Delores Vella is dismissed. Catchwords: SUCCESSION – family provision – claim by adult child of the deceased for provision out of the deceased's estate – where deceased's last will left to the adult child some clothing and a legacy in the sum of $2,000 – where residue of the deceased's estate bequeathed to the defendant – where adult child suffers from permanent intellectual disability – where adult child is retired and is not capable of independent living – where adult child presently entitled to disability income – where disability pension only just sufficient to cover her accommodation and other living expenses – where defendant accepts that adult child is entitled to further provision out of the deceased's estate – where estimating future needs of the adult child's care is imprecise – further provision ordered to be paid out of the deceased's estate in the sum of $150,000 SUCCESSION – family provision – claim by adult child of the deceased for provision out of deceased's estate – where deceased's last will left to the adult child a legacy in the amount of $1,000 – where residue of the deceased's estate bequeathed to the defendant – where relationship between adult child and deceased was not close and at times estranged – where assets held jointly by adult child and his partner greatly exceed the value of the deceased's estate – where adult child made only modest contributions to the welfare of the deceased during her lifetime – where there is a strong competing claim by other adult child – where the deceased enjoyed a strong and close relationship with defendant prior to her death – family provision claim dismissed Legislation Cited: Aged Care Act 1997 (Cth), Sch 1 and s 41–3 Civil Procedure Act 2005 (NSW), s 77 National Disability Insurance Scheme Act 2013 (Cth), s 29 NSW Trustee and Guardianship Act 2009 (NSW) Practice Note SC Eq 7, cl 21 Succession Act 2006 (NSW), ss 57, 58, 59, 60 and 61 Cases Cited: Amos v Hogg [2018] NSWSC 1226 Blendell v Byrne [2019] NSWSC 583 Bowditch v NSW Trustee and Guardian [2012] NSWSC 275 Chan v Chan [2016] NSWCA 222 Chapple v Wilcox (2014) 87 NSWLR 646; [2014] NSWCA 392 Foley v Ellis [2008] NSWCA 288 Grant v Roberts; Smith v Smith; Roberts v Smith; Curtis v Smith [2019] NSWSC 843 Hampson v Hampson [2010] NSWCA 359 Harris v Carter [2020] NSWSC 196 Lumsdon v Gargano [2012] NSWSC 1169 Page v Hull–Moody [2020] NSWSC 411 Russell v Rail Infrastructure Corp [2007] NSWSC 447 Sgro v Thompson [2017] NSWCA 326 Steinmetz v Shannon (2019) 99 NSWLR 687; [2019] NSWCA 114 Category: Principal judgment Parties: In proceeding 2018/385260: Sandra Vella (Plaintiff) Vanessa Vella (Defendant)