FELLOWS v PATERSON [2002] NSWSC 190

New South Wales Supreme Court

CITATION : FELLOWS v PATERSON [2002] NSWSC 190 CURRENT JURISDICTION: EQUITY DIVISION FILE NUMBER(S) : SC 2590/2000 HEARING DATE(S) : 1,4,5 February 2002 JUDGMENT DATE : 21 March 2002

PARTIES : MARGARET ELIZABETH FELLOWS v GORDON WALTON PATERSON - ESTATE OF JOHN HECTOR PATERSON JUDGMENT OF : Master Macready at 1

COUNSEL : Mr M. Willmott for plaintiff Mr J. Wilson for defendant SOLICITORS : Hamilton Quinlan Fenwick, Coolangatta, Qld. Francis Kelly & Grant, Deniliquin, NSW CATCHWORDS : Family Provision. Application under Family Provision Act 1982 by a daughter. Large grazing estate most of which was left to son who had built up estate. Additional legacy provided for the plaintiff. DECISION : Paragraph 54

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER MACREADY

Thursday 21 March 2002

2590/00 MARGARET ELIZABETH FELLOWS v GORDON WALTON PATERSON – ESTATE OF JOHN HECTOR PATERSON JUDGMENT 1 MASTER: This is an application under the Family Provision Act 1984 in respect of the estate of the late John Hector William Patterson who died on 5 December 1998 aged 92 years. The deceased was survived by his daughter, the plaintiff and his son, the defendant. The deceased's wife had predeceased him. 2 The deceased made his last will and testament on 7 May 1996. Under that will he appointed the plaintiff and defendant as executors. The plaintiff renounced and probate was taken out by the defendant. The deceased bequeathed an investment bond to his daughter and gave her a legacy of $320,000 subject to an adjustment in movements in the consumer price index number. He left the residue of his estate to his son the defendant. 3 The deceased had made an earlier will in October 1988 in which he left a more substantial provision for the plaintiff. That provision was said to be an amount equal to one half of the deceased's property Hells Gate at Balranald. 4 At the date of his death the estate of the deceased amounted to $1,717,170. The assets in his estate were as follows. Hells Gate South Balranald $790,000 Money in bank accounts $418,806 Life insurance policies $ 13,179 Shares in WMC Ltd $ 3,308 Debentures $137,640 Loans to Noareef Pty Ltd $338,926 Interest in partnership J H W Patterson & Son $ 9,311