NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Wilson v Wright; Wilson v Wright [2024] NSWSC 519 Hearing dates: 22-23 April 2024 Date of orders: 7 May 2024 Decision date: 07 May 2024 Jurisdiction: Equity Before: Hmelnitsky J Decision: (1) Order that provision be made for the maintenance, education and advancement in life of Kimberley Renee Wilson, out of the estate of the late Adam Patrick Fornari, by way of a legacy in the sum of $50,000. (2) Order that provision be made for the maintenance, education and advancement in life of Kyle Thomas Wilson, out of the estate of the late Adam Patrick Fornari, by way of a legacy in the sum of $40,000. (3) Order that those legacies bear interest at the rate prescribed by s 84A of the Probate and Administration Act 1898 (NSW) from (and including) 4 June 2024 if not earlier paid. (4) Direct the parties to file and serve short submissions of no more than three pages on the question of costs on or before 21 May 2024. Catchwords: SUCCESSION — Family provision — Claim by adult step-children of deceased — where deceased in the position of a parent of plaintiffs for most of their childhood — where deceased became estranged from plaintiffs following allegations of sexual abuse of which the deceased was found not guilty at trial —whether "factors warranting" making of application — whether deceased had moral duty to make provision for plaintiffs despite estrangement Legislation Cited: Probate and Administration Act 1898 (NSW) s 84A Succession Act 2006 (NSW) ss 57, 59-60 Cases Cited: Andrew v Andrew (2012) 81 NSWLR 656; [2012] NSWCA 308 Blore v Lang (1960) 104 CLR 124; [1960] HCA 73 Evans v Levy [2011] NSWCA 125 Lodin v Lodin [2017] NSWCA 327 Page v Page [2016] NSWSC 1218 Page v Page [2017] NSWCA 141 Papantoniou v Foundouradakis [2023] NSWSC 1374 Re Estate McNamara [2018] NSWSC 1661 Re Fulop Deceased (1987) 8 NSWLR 679 Spata v Tumino (2018) 95 NSWLR 706; [2018] NSWCA 17 Tarbes v Taleb [2023] NSWSC 565 Walker v Walker [1996] NSWSC 188 Watton v MacTaggart [2020] NSWSC 1233 Williamson v Williamson [2011] NSWSC 228 Category: Principal judgment Parties: In proceeding 2023/253014:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate