Latimore v Latimore [2003] NSWSC 364

New South Wales Supreme Court

CITATION : Latimore v Latimore [2003] NSWSC 364 HEARING DATE(S) : 26 to 28 March, 2003 JUDGMENT DATE : 2 May 2003 JURISDICTION: Equity Division JUDGMENT OF : Palmer J DECISION : Plaintiff to receive legacy of $145,000 from estate.

CATCHWORDS : FAMILY PROVISION - Widow is sole beneficiary under testator's will - claim by adult son with disabilities and limited opportunity for employment - small estate - principles discussed. LEGISLATION CITED : Family Provision Act 1982 (NSW) - s.7 Partnership Act 1892 (NSW) - s.33 - Cropley v Cropley [2002] NSWSC 349 CASES CITED : - Luciano v Rosenblum (1985) 2 NSWLR 65 - Marshall v Carruthers [2002] NSWCA 47 - Permanent Trustee Co Ltd v Fraser (1995) 36 NSWLR 24 PARTIES : Malcome Thomas Latimore - Plaintiff Beryl May Latimore - Defendant FILE NUMBER(S) : SC 4784/00 COUNSEL : N.M. Carney - Plaintiff M.A. Gilmour - Defendant SOLICITORS : Paton Hooke - Plaintiff McKerns - Defendant

Introduction

1 The Plaintiff, Malcome Thomas Latimore, is the son of the late Thomas Clyde Latimore, who died on 5 August 1999. The Defendant, Beryl May Latimore, is the widow of the deceased and the mother of the Plaintiff. In these proceedings, commenced by Summons filed on 28 November 2000, the Plaintiff seeks provision out of the deceased's estate pursuant to s.7 of the Family Provision Act 1982 (NSW). The Plaintiff also seeks certain orders and directions in respect of a partnership between the Plaintiff, Defendant and the deceased, and declarations in respect of assets of the partnership. The facts