Falkingham v Falkingham [2002] NSWSC 534

New South Wales Supreme Court

CITATION : Falkingham v Falkingham [2002] NSWSC 534 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 4598/2000; 1980/2001 HEARING DATE(S) : 13, 15 May 2002 JUDGMENT DATE : 19 June 2002

PARTIES : David Falkingham v Kim Falkingham Dennis Falkingham v Kim Falkingham (Estate of Elsie Falkingham) JUDGMENT OF : Master Macready at 1

COUNSEL : J. Wilson for plaintiffs G. McNally for defendant SOLICITORS : Brazel Moore & Daly for plaintiff Mallesons Stephen Jaques for defendant CATCHWORDS : Family Provision. Application for provision by two foster children of the decased. Children well provided for in lifetime of deceased. A large estate with few competing claims. Orders for legacies. DECISION : Paragraph 49

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

Master Macready

Wednesday 19 June 2002

4598/00 DAVID LAWRENCE FALKINGHAM v KIM FRANCES FALKINGHAM 1980/01 DENNIS ALLAN FALKINGHAM v KIM FRANCES FALKINGHAM – ESTATE OF ELSIE BERYL FALKINGHAM JUDGMENT 1 MASTER: This is an application under the Family Provision Act 1982 in respect of the estate of the late Elsie Beryl Falkingham who died on 28 October 1999. The deceased's husband had predeceased her and she was survived by the two plaintiffs who were foster children who lived with the deceased at various times during their upbringing. The defendant is the adopted daughter of the deceased. I have ordered these matters to be heard together with the evidence in one being evidence in the other. The will of the deceased. 2 The deceased made her will on 7 March 1997 and she appointed the defendant executor of her will. Under that will she gave legacies of $20,000 each to six named charities. She also gave a legacy of $100,000 to each of the two plaintiffs in these matters. Those gifts however were subject to a provision that the legacy would abate by the amount of any gift made in the lifetime of the deceased of $10,000 or more. The deceased in 1997, after the will, gave each of the plaintiffs the sum of 100,000. There is a further legacy of $10,000 in favour of Laurette Joan Falkingham and the residue of her estate she left to her adopted daughter, the defendant, in these proceedings. The estate of the deceased. 3 The deceased left a substantial estate. Its current value has not been properly addressed in the evidence before me. The principal assets valued at the date of death in 1999 were as follows: --