Aveyard v Selwood; Philpott v Selwood; Riley v Selwood [2024] NSWSC 29

Supreme Court New South Wales

Medium Neutral Citation: Aveyard v Selwood; Philpott v Selwood; Riley v Selwood [2024] NSWSC 29 Hearing dates: 27 – 29 September 2023, 2 November 2023 Date of orders: 1 February 2024 Decision date: 01 February 2024 Jurisdiction: Equity Before: Robb J Decision: See [208] Catchwords: SUCCESSION – family provision – claims by three adult children for provision from the deceased's estate under Succession Act 2006 (NSW), Ch 3 – where the deceased's will made no provision for his daughters – where the deceased's will bequeathed his entire estate to his only son on the failure of the gift of his entire estate to his wife – whether factors warranting orders for provision in favour of three adult daughters of the deceased Legislation Cited: Aged Care Act 1997 (Cth), ss 44-21, 44-22, 52C-3, 52C-4, 96-1 Fees and Payment Principles 2014 (No 2) (Cth), s 20 Probate and Administration Act 1898 (NSW), s 84A(3) Social Security Act 1991 (Cth), ss 1064, 1118 Succession Act 2006 (NSW), ss, 57(1)(c), 58(2), 59, 60, 61 Cases Cited: Baggaley v Richards [2023] NSWSC 1262 Chapman v Ingold; Estate of the Late Eleanor Merle Ingold [2015] NSWSC 1604 Grey v Harrison [1997] 2 VR 359 Maria Oliveira by her tutor Ivo De Oliveira v John Antonio Oliveira [2023] NSWSC 1130 Steinmetz v Shannon (2019) 99 NSWLR 687; [2019] NSWCA 114 Tarbes v Taleb [2023] NSWSC 565 Taylor v Farrugia [2009] NSWSC 801 Category: Principal judgment Parties: Proceedings 2022/206172 Vicki Pauline Aveyard (Plaintiff) Garry John Selwood (Defendant)