McCallum v Dennis [2000] NSWSC 501

New South Wales Supreme Court

CITATION : McCallum v Dennis [2000] NSWSC 501 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 2060/99 HEARING DATE(S) : 25 May 2000 JUDGMENT DATE : 25 May 2000

PARTIES : PATRICIAL ANNE McCALLUM v BRUCE VERNON DENNIS - ESTATE OF THE LATE DENNIS HENRY McCALLUM JUDGMENT OF : Master Macready at 1

COUNSEL : Mr C.M. McCallum for plaintiff Mr B. Slowgrove for defendant SOLICITORS : Symonds & Company for plaintiffs Dennis & Company for defendant CATCHWORDS : Family Provision. Application by children under Family Provision Act. No matter of principle. Orders made DECISION : Paragraph 25

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THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER MACREADY

THURSDAY 25 MAY 2000

2060/99 - PATRICIA ANNE McCALLUM v BRUCE VERNON DENNIS IN THE ESTATE OF THE LATE DENIS HENRY McCALLUM

JUDGMENT 1 MASTER: This is an application under the Family Provision Act in respect of the estate of the late Denis Henry McCallum who died between 18 January 1999 and 1 February 1999 aged sixty-three years. He was survived by his two children, the plaintiffs, and his former wife. She has been notified of the proceedings and makes no claim on the estate. There was a property settlement between the deceased and his former wife. 2 The last will of the deceased was made on 15 December 1998 and under that he appointed the defendant as the executor and left the whole of his estate to Stephen James Lawson. The assets in the estate are as follows:

ASSETS i Strata unit 3/290 Falcon Street, North Sydney (estimated net value assuming current value of $225,000 and commission on sale of $5500 and legal fees of $1500) $218,000