Reece v Warland [1999] NSWSC 1069

New South Wales Supreme Court CITATION : Reece v Warland [1999] NSWSC 1069 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : 1348/98 HEARING DATE(S) : 28, 29 & 30 July 1999 19/08/99 JUDGMENT DATE : 29 October 1999

PARTIES : Helen Margaret Reece as Tutor for Ashley Richard Reece v Patria Virola Warland (Estate of the late John Richard Warland) JUDGMENT OF : Master Macready at 1

COUNSEL : Mr M.B. Evans for the plaintiff Mrs M. Lilienthal for the defendant SOLICITORS : Thomas Mitchell Partners Mark Solomon & Associates CATCHWORDS : Family Provision. Application by a son who has autism and a severe intellectual handicap in respect of an estate of $859,000. Estate left to widow who had lived with the deceased for 7 years. A balancing of the relevant considerations leads to a legacy for the plaintiff of $525,000. Singer v Berghouse (1994) 181 CLR 201 Goloski v Goloski (unreported 5.10.93) CASES CITED : Luciano v Rosenblum (1985) 2 NSWLR 65 Elliott v Elliott C of A 24.04.86 Permanent Trustee Co Ltd v Fraser (1995) 36 NSWLR 24 at 46F. DECISION : Paragraph 58

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IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER MACREADY

Friday, 29 October, 1999

1348/98 HELEN MARGARET REECE AS TUTOR FOR ASHLEY RICHARD REECE v PATRIA VIROLA WARLAND - ESTATE OF THE LATE JOHN RICHARD WARLAND JUDGMENT 1 MASTER: This is an application under the Family Provision Act in respect of the estate of the late John Richard Warland who died on 30 May 1997 aged 58 years. The deceased was survived by his widow and various children, step children and former wives. The defendant, Patricia Virola Warland, is the deceased's widow. Under the will of the deceased made 9 April 1997 she was appointed sole executor and trustee of the deceased and received the whole of his estate.