Boyd v Roberts [2024] NSWSC 1310

Supreme Court New South Wales

Medium Neutral Citation: Boyd v Roberts [2024] NSWSC 1310 Hearing dates: 9 and 10 October 2024 Date of orders: 18 October 2024 Decision date: 18 October 2024 Jurisdiction: Equity - Family Provision List Before: Slattery J Decision: An order for family provision made in favour of the plaintiff in the sum of $450,000. The deceased's Commonwealth Bank bank accounts designated as notional estate for the payment of the order for provision. Payment of the sum of $100,000 of the order for provision is deferred for 12 months but accrues interest in the meantime. Provisional orders for costs made subject to the parties being able to argue for other costs orders. Catchwords: SUCCESSION — Family provision — Claim by adult child – notional estate – plaintiff brings a claim for family provision against the estate of her deceased father – the plaintiff's mother, the deceased's first wife died in 2006 and the deceased was remarried to the defendant in 2008 – the defendant was divorced with four children – plaintiff lives temporarily with the deceased and the defendant but then goes her own way after family friction – the deceased and the defendant build up assets together and are on the verge of retirement at the time of his death in 2023 – at the time of the deceased's death the defendant held money on deposit in a joint bank account with the deceased and the defendant and the deceased conducted a self-managed superannuation fund containing real property assets – the plaintiff is married with one child and holds no real estate and wishes to acquire a property in the area where she currently lives, on Sydney's northern beaches – whether a family provision order should be made against the estate of the deceased in favour of the plaintiff – the estate is inadequate to meet any family provision claim of substance – not in contest that property in the bank account and the superannuation fund of or controlled by 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: Civil Procedure Act 2005, 101 Succession Act, 2005, s 59, s 87 Uniform Civil Procedure Rules 2005, r 42.4 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: Plaintiff: Eliza Kate Boyd Defendant: Kerrie Debra Roberts Representation: Counsel: