Kitteridge v Kitteridge [2022] NSWSC 193

Supreme Court New South Wales

Medium Neutral Citation: Kitteridge v Kitteridge [2022] NSWSC 193 Hearing dates: 31 January – 2 February 2022 Decision date: 01 March 2022 Jurisdiction: Equity Before: Robb J Decision: See [130]-[133] below Catchwords: SUCCESSION — family provision — claim by adult child for provision from the deceased's estate under Succession Act 2006 (NSW), Ch 3 — substantial competing claim of another of the deceased's sons, the defendant executor — reasonably large estate — no provision made for plaintiff in the deceased's will — plaintiff and the deceased estranged for 30 years — estrangement provoked by the deceased in wake of divorce from plaintiff's and defendant's father and subsequent family rift — family provision litigation by deceased against own parents' estates diverted inheritance from plaintiff — extensive series of written statements by the deceased explaining exclusion of plaintiff from will — further provision ordered Legislation Cited: Family Provision Act 1982 (NSW) Succession Act 2006 (NSW), ss 57, 59, 60 Cases Cited: Andrew v Andrew (2012) 81 NSWLR 656; [2012] NSWCA 308 Bates v Cooke [2015] NSWCA 278; (2015) 14 ASTLR 221 Burke v Burke [2015] NSWCA 195; (2015) 13 ASTLR 313 Chapple v Wilcox (2014) 87 NSWLR 646; [2014] NSWCA 392 Kemperman v Antonenas [2021] NSWSC 1555 Limberger v Limberger; Oakman v Limberger [2021] NSWSC 474 Sassoon v Rose [2013] NSWCA 220 Squire v Squire [2019] NSWCA 90 Steinmetz v Shannon (2019) 99 NSWLR 687; [2019] NSWCA 114 Strang v Steiner [2019] NSWCA 143; (2019) 19 ASTLR 330 Category: Principal judgment Parties: Lee Kitteridge (Plaintiff) Steven Kitteridge (Defendant) Representation: Counsel: C Liedermann (Plaintiff) R Bianchi (Defendant)