Ford v Ford [2003] NSWSC 294

New South Wales Supreme Court

CITATION : Ford v Ford [2003] NSWSC 294 1, 2, 11 October, 6 November 2002 HEARING DATE(S) : 12 March 2003 Written submissions to 1 April 2003 JUDGMENT DATE : 11 April 2003 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin DECISION : (1). I order that, in addition to the benefit to which the Plaintiff is entitled upon the intestacy of the late Arthur Graham Ford ("the Deceased"), the Plaintiff receive from the intestate estate of the Deceased a legacy in the sum of $200,000, such legacy not to bear interest if paid within fourteen days of the date hereof, and if not so paid to bear interest at Supreme Court rates; (2). I order that the burden of the aforesaid legacy of $200,000 be borne by that part of the residue of the estate of the Deceased to which the Defendant is entitled upon intestacy, to the intent that the share of the estate to which Simon James Aiken is entitled upon intestacy not be reduced in consequence of such legacy; (3). The exhibits may be returned; (4). I will hear Counsel concerning costs.

CATCHWORDS : Succession - Family Provision - Intestacy - Claim by adult son - Financial and material circumstances of Plaintiff - Conduct of Plaintiff constituted a direct financial contribution to the Deceased, and also to the value of the estate - Competing claims of other persons entitled to share intestate estate - Such persons are widow and infant exnuptial child of Deceased - Additional provision for Plaintiff should be borne by the share of residue to which the widow is entitled upon intestacy - A claim under the Family Provision Act is not an administration suit in respect to the estate of the Deceased. LEGISLATION CITED : Family Provision Act 1982 Testator's Family Maintenance and Guardianship of Infants Act 1916 CASES CITED : Blore v Lang (1960) 104 CLR 124 Singer v Berghouse (1994) 181 CLR 201 PARTIES : Bevan Ford (Plaintiff) Wendy Ford (Defendant) FILE NUMBER(S) : SC 3107/00 COUNSEL : C. Harris, P. Blackburn-Hart (Plaintiff) B. Haffenden (Defendant) SOLICITORS : Gibsons (Plaintiff) Marks Griffiths & Bova (Defendant)