Williams v Williams [2022] NSWSC 711

Supreme Court New South Wales

Medium Neutral Citation: Williams v Williams [2022] NSWSC 711 Hearing dates: 9, 10, 11 and 12 August 2021 Date of orders: 31 May 2022 Decision date: 02 June 2022 Jurisdiction: Equity Before: Slattery J Decision: Order for provision made in favour of the plaintiff out of the deceased's estate in the sum of $625,000 payable within 2.5 years. Plaintiff's costs to be paid out of the estate on the ordinary basis and capped. The defendant's costs to be paid out of the estate on the indemnity basis. Directions made for the parties to relist the proceedings if they cannot reach a mechanism for lifting the security over the family property. Catchwords: SUCCESSION – Family Provision – claim by an adult son, for provision from the estate of his deceased father under Succession Act 2006, Chapter 3 – the plaintiff is an eligible person – the deceased's will makes limited provision for the plaintiff, the deceased's younger son – the deceased conducts farming and grazing operations on a family property in western New South Wales – under his last will the deceased left the family's farming and grazing property to his elder son, the defendant – early in his career the plaintiff departed from the family property and established a rural agency business – the deceased encumbered the family property in order to fund the younger son's acquisition of the agency business – the defendant remained on the family property during the deceased's lifetime – whether the deceased made adequate provision for the plaintiff under his last will – whether further provision out of the deceased's estate should be made for the plaintiff's advancement in life – whether the plaintiff made any financial contribution to the acquisition, conservation and improvement of the deceased's estate – whether the plaintiff obtained substantial financial benefits from the deceased during the deceased's lifetime – whether the plaintiff was estranged from the deceased – whether the plaintiff has sufficient financial resources that he does not require further provision out of the deceased's estate. Legislation Cited: Civil Procedure Act 2005, s 101 Conveyancing Act 1919, s 96 Real Property Act 1900 Succession Act, ss 59(1)(c), 65 and 66, Chapter 3 Cases Cited: Andrew v Andrew (2012) 81 NSWLR 656 Anning v Anning (1907) 4 CLR 1049 Brunker v Perpetual Trustee Co. Ltd (1937) 57 CLR 555 Burke v Burke [2015] NSWCA 195 Cope v Keene (1968) 118 CLR 1 Corin v Patton (1990) 169 CLR 540 Drury v Smith [2012] NSWSC 1067 Evans v Levy [2011] NSWCA 125 Isin v Ozen [2016] NSWSC 1480 Isin v Ozen [2017] NSWCA 316 Norman v Federal Commissioner of Taxation (1963) 109 CLR 9 North v Daniel [2021] NSWSC 828 Rogers v Rogers [2018] NSWSC 1982 Singer v Berghouse (No. 2) (1994) 181 CLR 201 Taylor v Deputy Federal Commissioner of Taxation (1969) 123 CLR 206 Xiang bht Cao v Tong [2021] NSWSC 44 Category: Principal judgment Parties: Plaintiff: Mr Richard Noel Williams Defendant: Mr Timothy George Williams Representation: Counsel: Plaintiff: Mr N. Kirby Defendant: Mr M. Meek SC