Stokes v Stokes [2023] NSWSC 1223

Supreme Court New South Wales

Medium Neutral Citation: Stokes v Stokes [2023] NSWSC 1223 Hearing dates: 28 September 2023 Date of orders: 16 October 2023 Decision date: 16 October 2023 Jurisdiction: Equity - Succession & Probate List - Family Provision Before: Nixon J Decision: The Court: (1) Orders, pursuant to section 91(2) of the Succession Act 2006 (NSW) that administration in respect of the estate of the deceased, Gavin Stokes, late of 181 Pacific Palms Circuit, Hoxton Park in the State of New South Wales, be granted to the Defendant, Kayla Lee Stokes, for the purpose only of permitting the Plaintiff's application for a family provision order to be dealt with. (2) Orders, pursuant to Uniform Civil Procedure Rules 2005 (NSW), rule 7.10(2)(b), that the Defendant be appointed to represent the estate of the deceased, for the purposes of these proceedings. (3) Orders, pursuant to s 59 of the Succession Act 2006 (NSW), that in lieu of the amount payable to the Plaintiff on an intestacy of the deceased out of the deceased's estate in New South Wales, the Plaintiff receive, by way of provision out of the deceased's estate, a lump sum of $100,000. (4) Grants to the Plaintiff, in the event that the lump sum in order (3) is not paid by 13 November 2023, liberty to apply on 7 days' notice in respect of the implementation of order (3). (5) Directs that: (a) in the event that the parties are able to agree on the form of costs order, the parties provide a copy of any proposed consent orders to my Associate by 4pm on 23 October 2023; and (b) in the event that the parties are unable to agree on the form of the costs order, the parties exchange submissions, together with any supporting material, and provide a copy to my Associate by 4pm on 23 October 2023. Catchwords: SUCCESSION – FAMILY PROVISION – Claim for family provision order by adult child of the deceased – Adequate provision not made for the Plaintiff by operation of intestacy rules – Defendant conceded the Court should exercise discretion to make family provision order in lieu of Plaintiff's entitlement on intestacy – Dispute concerning the quantum of the provision to be made – Provision ordered to be paid out of the deceased's estate in the sum of $100,000 Legislation Cited: Succession Act 2006 (NSW) Ch 3 Uniform Civil Procedure Rules 2005 (NSW) r 7.10 Cases Cited: Chan v Chan [2016] NSWCA 222 Ciric v Ciric [2015] NSWSC 313 Estate Raineri [2016] NSWSC 489 Golosky v Golosky [1993] NSWCA 111 Luciano v Rosenblum (1985) 2 NSWLR 65 Maria Oliveira by her tutor Ivo De Oliveira v John Antonio Oliveira [2023] NSWSC 1130 Page v Hull-Moody [2020] NSWSC 411 Steinmetz v Shannon (2019) 99 NSWLR 687; [2019] NSWCA 114 Stone v Stone [2016] NSWSC 605 Torok v Becker [2020] NSWSC 1570 Towson v Francis [2017] NSWSC 1034 Vella v Vella; Vella v Vella [2020] NSWSC 849 Wheat v Wisbey [2013] NSWSC 537 Wild v Meduri & Ors; Meduri & Anor v Neal & Anor; Meduri v Meduri & Ors [2023] NSWSC 113 Xiang bht Cao v Tong [2021] NSWSC 44 Category: Principal judgment Parties: Chloe Stokes (Plaintiff) Kayla Lee Stokes (Defendant) Representation: Counsel: K Morrissey (Plaintiff) P Muscat (Defendant)