Ralphs v Shirt [2002] NSWSC 626

New South Wales Supreme Court

CITATION : Ralphs v Shirt [2002] NSWSC 626 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 3314/00 HEARING DATE(S) : 30 November 2001, 12 February, 11 April 2002 JUDGMENT DATE : 12 July 2002

PARTIES : Lorna Jane Ralphs (Plaintiff) Lola Jean Shirt (Defendant) JUDGMENT OF : Master McLaughlin

COUNSEL : G. Preston (for Plaintiff) C.Hodgson (for Defendant) SOLICITORS : G. Healey & Co - Sutherland (for Plaintiff) Warren McKeon Dickson, Solicitors (for Defendant) CATCHWORDS : Succession - Family Provision - Claim by de facto widow - Size of estate - Partial distribution - Plaintiff left without adequate provision for her proper maintenance and advancement in life - Competing claim of other beneficiary, who is mother of testator - Needs of Plaintiff - Accommodation - Whether appropriate accommodation should be a three bedroom townhouse or a two bedroom home unit - Nature of order for provision is constrained by assets available in estate. Family Provision Act 1982 LEGISLATION CITED : Testator's Family Maintenance and Guardianship of Infants Act 1916 Wills, Probate and Administration Act 1898 Golosky v Golosky (Court of Appeal, unreported, 5 October 1993) CASES CITED : Luciano v Rosenblum (1985) 2 NSWLR 65 Singer v Berghouse (1994) 181 CLR 201 DECISION : 1. I order that, in addition to the benefits given to her by the will of the late Brian Kenneth Shirt ("the Deceased"), the Plaintiff receive a further legacy of $340,000, such legacy not to bear interest if paid on or before 26 July 2002, and if not so paid to bear interest at Supreme Court rates; 2. I order that the costs of the Plaintiff 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.