Kent-Biggs v ANZ Executors & Trustee Company Limited [1999] NSWSC 730

New South Wales Supreme Court CITATION : Kent-Biggs v ANZ Executors & Trustee Company Limited [1999] NSWSC 730 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : 4826/97 HEARING DATE(S) : 20 July 1999 JUDGMENT DATE : 20 July 1999

PARTIES : Joanna Mary Kent-Biggs (P) ANZ Executors & Trustee Company Limited (D) JUDGMENT OF : Master McLaughlin

COUNSEL : Mr. G. McVay (P) Mr. D. Davies S.C. (D) SOLICITORS : Farmer Campbell Edmunds (P) Harris & Company (D) CATCHWORDS : ACTS CITED : Family Provision Act 1982 DECISION :

SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER McLAUGHLIN

Tuesday, 20 July 1999

4826/97 JOANNA MARY BRIDGET KENT-BIGGS -v- ANZ EXECUTORS AND TRUSTEE CO LIMITED - ESTATE OF DONNA KENT-BIGGS JUDGMENT

1 MASTER: These are proceedings under the Family Provision Act 1982. By summons filed on 20 November 1997 the plaintiff, Joanna Mary Bridget Kent-Biggs, claims an order for provision for her maintenance and advancement in life out of the estate of the late Donna Kent-Biggs (to whom I shall refer as "the deceased"). 2 At the commencement of the hearing of this matter I stated, and had it recorded, that the residuary beneficiary named in the will of the deceased, to the details of which will I shall shortly advert, is the University of Sydney; that I am a graduate of the University of Sydney and a member of a number of organisations and entities associated with the University. Also, that my late mother was a graduate in medicine of the University of Sydney where she was taught by Professor Sir Thomas Anderson Stuart, the first Dean of the Faculty of Medicine, who was the grandfather of the deceased. Those facts did not cause any difficulty for either party to my hearing this matter. 3 The deceased died on 19 or 20 April 1997. She left a will dated 20 March 1997, probate whereof was, on 16 July 1997, granted to ANZ Executors and Trustee Co Limited, the executor named in such will (who is the defendant to the present proceedings). 4 The assets of the estate of the deceased consisted of a shareholding in Macleay Regis Pty Limited which entitled the deceased to occupancy of an apartment in the building known as Macleay Regis, being unit 608/12 Macleay Street, Potts Point. That shareholding was valued at $480,000 at the date of the death of the deceased. 5 In addition, the deceased left furniture and personal effects valued at a little over $22,000, and various other investments and moneys held in various accounts, bringing the total value of the assets in her estate at the time of her death to $1,285,508. The deceased had liabilities of $2842, leaving a net value of the estate as at the date of death in an amount of $1,282,665. 6 The assets of the estate have been realised. The estate presently consists of assets totalling $1,270,226. There is a liability for commission to the defendant in an amount of about $30,000. Further, it will be appreciated that the costs of the defendant will, in any event, be payable out of the estate of the deceased, and, in the event that she be successful in the present proceedings, it is likely that the costs of the plaintiff also will be payable out of that estate. 7 The solicitors for the respective parties have, in accordance with the prescribed practice, filed affidavits setting forth estimates of the costs of their respective clients. For the plaintiff the estimate of the costs of the proceedings is about $18,500, whilst the estimate of the costs of the defendant is about $20,800. 8 The will of the deceased made a number of gifts of specific chattels to various friends and to the University of Sydney. The residue of the estate was, by clause 4.2 of the will, given as follows: (a) To the University of Sydney to be initially applied for the charitable purposes of the restoration and repair in progress at my death of the building known as the Anderson Stuart building, and to apply any surplus funds and the income thereon for future maintenance of such building.