Roberts v McFadden [2002] NSWSC 602

New South Wales Supreme Court

CITATION : Roberts v McFadden [2002] NSWSC 602 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1689/2001 HEARING DATE(S) : 2 and 3 July 2002 JUDGMENT DATE : 5 July 2002

PARTIES : Richard Bryan Roberts v Malcolm Matthew McFadden (Estate of Florance Mary Roberts) JUDGMENT OF : Master Macready at 1

COUNSEL : Mr J. Wilson for plaintiff Mr P. O'Loughlin for defendant SOLICITORS : Pigott Stinson Ratner Thom for plaintiff Bartier Perry for defendant CATCHWORDS : Family Provision. - Application by adult son who received almost one half of the estate. Balance of estate left to his sister. Application dismissed. No matter of principle. DECISION : Paragraph 43

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

Master Macready

Friday 5 July 2002

1689/2001 Richard Bryan Roberts v Malcolm Matthew McFadden (Estate of Florence Mary Roberts) JUDGMENT 1 MASTER: This is an application under the Family Provision Act in respect of the estate of the late Florence Mary Roberts who died on 2 October 1998. She was survived by two of her three children. The plaintiff is the deceased's son and the defendant, her executor, is the husband of the deceased's surviving daughter Janne Mary McFadden. The will of the deceased 2 The deceased made her last will on 28 November 1990. Under the will she appointed her son-in-law as executor and made a number of minor bequests in respect of certain items. She gave the residue of her estate to be shared equally between her three children Janne Mary McFadden, Kym Margaret Muradian and the plaintiff. She also provided that if her daughter Kim Margaret Muradian predeceased her then her estate would not take that share but instead Kim's two children, Vanessa and Kate would each receive a legacy of $10,000. Kym did predecease the deceased and, accordingly, the estate is principally to be divided between the plaintiff and his sister Janne.