Vanderputt v Vanderputt [1999] NSWSC 1256

New South Wales Supreme Court CITATION : Vanderputt v Vanderputt [1999] NSWSC 1256 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : 4655/97 HEARING DATE(S) : 18, 19 and 22 November 1999 JUDGMENT DATE : 17 December 1999

Judith Astrid Vanderputt (P1) PARTIES : Cynthia Margarite Vanderputt (P2) Roudolph Finlay C. Vanderputt (D) JUDGMENT OF : Master McLaughlin

COUNSEL : Mr M.S. Willmott (P) Mr R. F. C. Vanderputt (defendant in person) SOLICITORS : Eric Butler Solicitors (P) CATCHWORDS : Family Provision; Claim by two adult daughters; Entirety of estate left to defendant; Relationships between testator and her children; Financial and material circumstances of plaintiffs; Present needs of plaintiffs; Defendant conducted hearing in person; No evidence of defendant's financial circumstances; Little evidence of his material circumstances; Competing claim of defendant; Statements made by testator in her will. ACTS CITED : Family Provision Act 1982 DECISION : 1. I order that the plaintiff Judith Astrid Vanderputt receive out of the estate of the late Ruth Merlyn Vanderputt ("the deceased") a legacy in the sum of $85,000, and that the plaintiff Cynthia Vanderputt receive out of the estate of the deceased a legacy in the sum of $45,000, each such legacy not to bear interest if paid on or before 17 March 2000, and if not so paid to bear interest at Supreme Court rates; 2. I order that the costs of the plaintiffs on the party and party basis and the costs of the defendant on the indemnity basis be paid out of the estate of the deceased; 3. The exhibits may be returned.

SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION