Nelson v Brennan [2002] NSWSC 979

Reported Decision : (2003) DFC 95-265

New South Wales Supreme Court

CITATION : Nelson v Brennan [2002] NSWSC 979 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1318 of 2001 HEARING DATE(S) : 16, 17 July 2002 JUDGMENT DATE : 21 October 2002

PARTIES : Ann Maree Nelson (Plaintiff) Janette Brennan (Defendant) JUDGMENT OF : Master McLaughlin

COUNSEL : M. Bridger (Plaintiff) R. Maurice (Defendant) SOLICITORS : Bilbie Dan Solicitors (Plaintiff) Attwaters Solicitors (Defendant) CATCHWORDS : Succession - Family provision - Whether Plaintiff and Deceased were in a de facto relationship - Whether Plaintiff has been left without adequate provision for her maintenance - Financial and material circumstances of Plaintiff - Competing claims - Claim by Plaintiff's daughter has been resolved by consent orders - Those orders do not override claim of Plaintiff - Nature of provision sought by Plaintiff - Asserted need to purhcase a residence - Plaintiff has for many years lived in rented accommodation - Plaintiff and Deceased did not propose to purchase a residence - Plaintiff is secure in her present accommodation - Plaintiff is entitled to receive a fund to upgrade her lifestyle and provide for contingencies. LEGISLATION CITED : Family Provision Act 1982 Property (Relationships) Act 1984 CASES CITED : Roy v Sturgeon (1986) 11 NSWLR 454 Singer v Berghouse (1994) 181 CLR 201 DECISION : See paragraph 56.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Master McLaughlin

Monday, 21 October 2002

1318/01 ANN MAREE NELSON -V- JANETTE BRENNAN JUDGMENT 1 MASTER: These are proceedings under the Family Provision Act 1982. 2 By summons filed on 6 February 2001 the Plaintiff Ann Maree Nelson claims an order for provision for her maintenance and advancement in life out of the estate of the late John William Sansom (to whom I shall refer as "the Deceased"). 3 The Deceased died on 15 December 1999, aged 57. He left a will dated 28 June 1994, probate whereof was on 23 June 2000 granted to Janette Brennan, the executor named in such will (who is the Defendant to the present proceedings). 4 By that will the Deceased gave his entire estate, after payment of debts, funeral, testamentary and administration expenses, TO DIVIDE the balance of such net proceeds equally between the following persons, providing they survive me and attain the age of eighteen years: