McLeod v Napthali [2021] NSWSC 1621

Supreme Court New South Wales

Medium Neutral Citation: McLeod v Napthali [2021] NSWSC 1621 Hearing dates: 9 December 2021 Date of orders: 10 December 2021 Decision date: 10 December 2021 Jurisdiction: Equity Before: Lindsay J Decision: 1. ORDER that in addition to the provision made for him in the will of the deceased, the first plaintiff receive a legacy of $25,000. 2. ORDER that in addition to the provision made for him in the will of the deceased, the second plaintiff receive a legacy of $60,000. 3. ORDER that the plaintiffs' costs of the proceedings be paid out of the estate of the deceased assessed on the ordinary basis. 4. ORDER that the defendant's costs of the proceedings be paid out of the estate of the deceased assessed on indemnity basis. 5. ORDER that the burden of orders 1-4 of these orders (inclusive) be borne by all beneficiaries named in the will of the deceased other than the plaintiffs. 6. ORDER that the exhibits and documents produced on subpoena may be returned. 7. ORDER that these orders be entered forthwith. Catchwords: SUCCESSION — Family provision — Claim by adult sons for further provision — Estrangement explained — Relief granted Legislation Cited: Succession Act 2006 NSW Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: First Plaintiff: Peter Laurence McLeod Second Plaintiff: David Wayne McLeod Defendant: Lise Anne Napthali Representation: Counsel: Plaintiffs: Ms M Pringle Defendant: Mr RN O'Neill