Spiteri v Vassallo [2020] NSWSC 890

Supreme Court New South Wales

Medium Neutral Citation: Spiteri v Vassallo [2020] NSWSC 890 Hearing dates: 18 and 19 May 2020 Date of orders: 13 July 2020 Decision date: 13 July 2020 Jurisdiction: Equity - Family Provision List Before: Williams J Decision: The plaintiff is entitled to provision in a lump sum of $300,000 to be made for her maintenance, education and advancement in life out of the estate of the late Paul David Vassallo. Catchwords: SUCCESSION – family provision – claim by de facto spouse of deceased – where deceased's last will made no provision for the de facto spouse apart from directing his executors to allow de facto spouse to stay rent free at deceased's property for four months – where deceased's last will bequeathed the whole of his estate to his three children from a previous marriage – where defendant executors concede that deceased's last will makes inadequate provision for de facto spouse – where deceased and de facto spouse shared an intention that the de facto spouse would receive a lump sum payment of $200,000 from deceased in the event of the deceased's death or breakdown of their relationship – where two of deceased's children have financial needs as a result of long–term health conditions – where de facto spouse is in good health, is younger than deceased's children and is earning an income – where both de facto spouse and children had loving relationships with deceased – provision in a lump sum of $300,000 ordered to be paid out of deceased's estate to de facto spouse Legislation Cited: Family Law Act 1975 (Cth), ss 4, 90UC, 90UJ and 90UK Succession Act 2006 (NSW), ss 57, 58, 59, 60 and 61 Cases Cited: Blackmore v Allen [2000] NSWCA 162 Bladwell v Davis [2004] NSWCA 170 Chan v Chan [2016] NSWCA 222 Chapple v Wilcox (2014) 87 NSWLR 646; [2014] NSWCA 392 Foley v Ellis [2008] NSWCA 288 Graham v Graham [2011] NSWSC 504 Harris v Carter [2020] NSWSC 196 Marshall v Carruthers [2002] NSWCA 47 McKenzie v Topp [2004] VSC 90 Olsen v Olsen [2019] NSWCA 278 Page v Hull-Moody [2020] NSWSC 411 Sgro v Thompson [2017] NSWCA 326 Steinmetz v Shannon (2019) 99 NSWLR 687; [2019] NSWCA 114 Vigolo v Bostin (2005) 221 CLR 191; [2005] HCA 11 Weekes v Barlow [2014] NSWSC 1776 Category: Principal judgment Parties: Maria Giorgia Spiteri (Plaintiff) Frances Maree Vassallo & Manuel Vassallo as Executors of the Estate of the Late Paul David Vassallo (Defendants) Representation: Counsel: Mr J S Drummond (Plaintiff) Mr G R Waugh SC (Defendants)