Carrick & Anor v Public Trustee - Estate of Carrick [2002] NSWSC 1000

New South Wales Supreme Court

CITATION : Carrick & Anor v Public Trustee - Estate of Carrick [2002] NSWSC 1000 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4562/2001 HEARING DATE(S) : 21 October 2002 JUDGMENT DATE : 25 October 2002

Julie Ann Carrick (First Plaintiff)

PARTIES : Jennifer Margaret White (Second Plaintiff)

Public Trustee (defendant) JUDGMENT OF : Acting Master Berecry

Mr B Sharpe (Plaintiffs) COUNSEL : Ms Tzannes (Defendant) P W Turk & Associates (Plaintiffs) SOLICITORS : Mr B Maher Solicitor for the Public Trustee (Defendant) CATCHWORDS : N/A LEGISLATION CITED : Family Provision Act - s 7 DECISION : See para 41

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ACTING MASTER BERECRY

FRIDAY, 25 OCTOBER 2002

4562/2001 - JULIE ANN CARRICK & ANOR v PUBLIC TRUSTEE - ESTATE OF SHIRLEY LORRAINE CARRICK JUDGMENT 1 MASTER: On 25 May 1991 the deceased, Shirley Lorraine Carrick, and her husband, Anthony Carrick executed mutual wills. Each provided that the surviving spouse was the sole beneficiary of the deceased's estate. If however, the spouse predeceased the testator, then each provided that their daughter Bronwyn Carrick would receive the survivor's estate absolutely. Anthony Carrick predeceased his wife by approximately six weeks. Shirley Lorraine Carrick died on 30 July 2000. Therefore, Bronwyn Carrick as sole beneficiary of the deceased's estate is entitled to all the assets of her mother's estate. 2 The Public Trustee was appointed as executor and trustee of the deceased's estate. A grant of Probate was obtained by the Public Trustee on 29 September 2002. The plaintiffs Julie Anne Carrick and Jennifer Margaret White are daughters of the deceased. Pursuant to s 7 of the Family Provisions Act (the Act) they commenced proceedings on 13 September 2001. The proceedings are therefore brought within time.