KD v BS [2022] NSWSC 887

Supreme Court New South Wales

Medium Neutral Citation: KD v BS [2022] NSWSC 887 Hearing dates: 23 and 24 June 2022; further submissions received 27 and 28 June 2022 Decision date: 05 July 2022 Jurisdiction: Equity - Family Provision List Before: Stevenson J Decision: Provision to be made for the plaintiff from the deceased's estate in the sum of $60,000. Plaintiff's costs capped at $40,000 to be paid from deceased's estate. Catchwords: SUCCESSION – family provision – small estate – claim by adult daughter from mother's estate – no provision made for plaintiff in mother's will – estate left to plaintiff's two sisters – where plaintiff had loving relationship with mother until two years before her death – where reason mother excluded plaintiff from will clear – whether adequate provision made for plaintiff – what provision ought be made Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Property (Relationships) Act 1984 (NSW) Queensland Civil and Administrative Tribunal Act 2009 (Qld) Succession Act 2006 (NSW) Cases Cited: AS by her tutor SS v NSW Public Guardian [2021] NSWSC 889 AS by her tutor SS v NSW Public Guardian (No 2) [2022] NSWSC 708 Attorney General of NSW v Huckstadt (No 2) [2017] NSWSC 595 Brand v Brand [2015] NSWSC 52 Georgopoulos v Tsiokanis [2022] NSWSC 563 Goodman v Windeyer (1980) 144 CLR 490; [1980] HCA 31 Gorton v Parks (1989) 17 NSWLR 1 Kizon v Palmer (1997) 72 FCR 409 Manuel v Lane [2013] NSWCA 61 Misrachi v The Public Guardian [2019] NSWCA 67 Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR 9; [1962] HCA 19 Smith v Smith (No 2) [2011] NSWSC 1105 Strang v Steiner [2019] NSWCA 143 Sung v Malaxos [2015] NSWSC 186 Szypica v O'Beirne [2013] NSWSC 297 Category: Principal judgment Parties: KD (Plaintiff) (self-represented) BS (First Defendant) CC (Second Defendant) Representation: Counsel: I Hoskinson (Defendants)