Seymour v Seymour [2024] NSWSC 699

Supreme Court New South Wales

Medium Neutral Citation: Seymour v Seymour [2024] NSWSC 699 Hearing dates: 27 May 2024 Date of orders: 31 May 2024 Decision date: 07 June 2024 Jurisdiction: Equity Before: Slattery J Decision: An order for family provision made in favour of the plaintiff in the sum of $385,000 out of designated notional estate. Catchwords: SUCCESSION — Family provision — Claim by adult child – notional estate – plaintiff brings a claim for family provision against the estate of his deceased father – deceased divorced the plaintiff's mother when he was a young child and had little contact with the plaintiff during his life – deceased remarried the defendant and they both built up and inherited property – plaintiff does not own real estate and is bringing up a family of three children – whether a family provision order should be made against the estate of the deceased in favour of the plaintiff – estate inadequate to meet any family provision claim of substance – not in contest that certain property the defendant could be designated as notional estate – whether an order for provision should be made against property that could be designated as notional estate. Legislation Cited: Succession Act 2006, s 59, s 87 Cases Cited: Drury v Smith [2012] NSWSC 1067 Evans v Levy [2011] NSWCA 125 Kitteridge v Kitteridge [2022] NSWSC 193 Luciano v Rosenblum (1985) 2 NSWLR 65 Singer v Berghouse (No. 2) (1994) 181 CLR 201 Category: Principal judgment Parties: Mark Robert James Seymour (Plaintiff) Helen Mary Seymour (Defendant) Representation: Counsel: Dr S Chapple SC with Mr D Yazdani (Plaintiff) Mr A Katsoulas (Defendant)