Kerr & anor v Badran & anor; Estate of Badran [2004] NSWSC 1049

New South Wales Supreme Court

CITATION : Kerr & anor v Badran & anor; Estate of Badran [2004] NSWSC 1049 HEARING DATE(S) : 29 October 2004 JUDGMENT DATE : 11 November 2004

JURISDICTION: Equity Division Probate List JUDGMENT OF : Windeyer J at 1 DECISION : Costs of probate proceedings decided. Order made in one FPA claim; other claim dismissed.

CATCHWORDS : SUCCESSION- Family Provision Act 1982 - where deceased left modest annuities to claimants out of substantial estate - claimants inherited real estate in Lebanon under law of Lebanon - significance of financial assistance given by deceased to claimants during deceased's lifetime - whether provision under will adequate for proper maintenance and advancement of claimants - sufficient provision for ordinary needs not necessarily adequate - regard had to assets of spouse - COSTS - probate costs - where examination of the question of capacity was justified - where award of costs will bear on family provision claim. LEGISLATION CITED : Family Provision Act 1982 CASES CITED : Re Estate of Hodges (deceased); Shorter v Hodges (1988) 14 NSWLR 698 Shorten v Shorten (No 2) [2003] NSWCA 60 John Kerr (First Plaintiff/First Cross-Defendant) Raymond Badran (Second Plaintiff/Second Cross-Defendant) PARTIES : Maurice Badran (First Defendant) Joyce Badran Freije (Second Defendant/Cross-Claimant) Joyce Freije (Second Defendant) FILE NUMBER(S) : SC 119957 of 2002 Mr J Simpkins SC (Plaintiffs/Cross-Defendants) COUNSEL : Mr M Rollinson (First Defendant) Mr M Cashion SC with him Mr P Bolster (Second Defendant/Cross-Claimant Home Wilkinson Lowry (Plaintiffs/Cross-Defendants) SOLICITORS : Newman & Associates (First Defendant) Vandervoords (Second Defendant/Cross-Claimant