Rootes v Slatcher and McLaughlin as Executors of the Estate of the late Derek George Slatcher [2023] NSWSC 846

Supreme Court New South Wales

Medium Neutral Citation: Rootes v Slatcher and McLaughlin as Executors of the Estate of the late Derek George Slatcher [2023] NSWSC 846 Hearing dates: 11 & 12 July 2023; further written submissions received 17 July 2023 Date of orders: 19 July 2023 Decision date: 19 July 2023 Jurisdiction: Equity - Succession & Probate List - Family Provision Before: Stevenson J Decision: Plaintiffs' claims dismissed Catchwords: SUCCESSION – FAMILY PROVISION – claim by three adult children – where deceased purchased property as joint tenant with a fourth adult child – where only significant asset of estate was deceased's former interest as joint tenant – whether adequate provision was not made – whether a notional estate order should be made Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Andrew v Andrew (2012) 81 NSWLR 656; [2012] NSWCA 308 John v John [2010] NSWSC 937 Petschelt v Petschelt [2002] NSWSC 706 Phillips v James (2014) 85 NSWLR 619; [2014] NSWCA 4 Sgro v Thompson [2017] NSWCA 326 Tarbes v Taleb [2023] NSWSC 565 Category: Principal judgment Parties: Sarah Louise Rootes (First Plaintiff) Jeremy Derek Slatcher (Second Plaintiff) Emma Victoria McLaughlin (Third Plaintiff) Jeremy Derek Slatcher and Emma Victoria McLaughlin as Executors of the Estate of the late Derek George Slatcher (First Defendant) Faith Mary Slatcher (Second Defendant) Representation: Counsel: M Tibbey (Plaintiffs) P J Muscat (Second Defendant)