Reiner v Stevens [2003] NSWSC 1216

New South Wales Supreme Court

CITATION : Reiner v Stevens [2003] NSWSC 1216 HEARING DATE(S) : 3 December 2003 JUDGMENT DATE : 19 December 2003 JURISDICTION: Equity JUDGMENT OF : Master Macready at 1 DECISION : See paragraph 57

CATCHWORDS : Family Provision Act -- Claim by husband of deceased -- Large estate left to daughters of deceased's prior marriage -- Legacy to plaintiff substantially increased LEGISLATION CITED : Family Provision Act 1982 Singer v Berghouse (1994) 181 CLR 201 CASES CITED : Marshall v Carruthers [2002] NSWCA 47 Anasson v Phillips Unreported PARTIES : Anton Reiner - plaintiff Yolanda Stevens and Elizabeth Green - Estate of Maria Reiner - defendant FILE NUMBER(S) : SC 5427/02 COUNSEL : Mr P Hallen SC for the plaintiff Mr D E Baran for the defendants SOLICITORS : Tress Cocks & Maddox Lawyers for the plaintiff Dorrough Smart Solicitors & Attorneys for the defendants

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Master Macready

Friday 19 December 2003

5427/02 Anton Reiner v Yolanda Stevens and Elizabeth Green JUDGMENT 1 Master: This is an application under the Family Provision Act 1982 in respect of the estate of the late Maria Reiner who died on 4 April 2002 aged 76 years. The deceased was survived by the plaintiff her widower and her two children from her first marriage, who are the defendants in the proceedings. The will of the deceased

2 The deceased made her last will on 4 May 1983. Under that will, she appointed the defendants as her executors, left a legacy of $30,000 to the plaintiff, a legacy of $25,000, together with a devise of the real estate situated at, and known as, 29 Wallangra Road Dover Heights to the second defendant, Elizabeth Green, and the residue of her estate was to be divided equally between the two defendants. 3 Probate of the deceased's will was granted to the defendants on 14 October 2002.