Blacker v WilliamsWilliams v Williams [2003] NSWSC 773

New South Wales Supreme Court

CITATION : Blacker v WilliamsWilliams v Williams [2003] NSWSC 773 HEARING DATE(S) : 19, 20 August 2003 JUDGMENT DATE : 21 August 2003 JURISDICTION: Equity Division JUDGMENT OF : Master Macready at 1 DECISION :

CATCHWORDS : Family Provision. Application by deceased's de facto partner and daughter. Orders for provision made. No matter of principle. PARTIES : Debbie Lee Blacker v Deborah Isabel Williams Ashleigh Skye Williams v Deborah Isabel Williams FILE NUMBER(S) : SC 4672/01; 1847/02 J. Armfield for Debbie Lee Blacker COUNSEL : C.L. Parry for Ashleigh Williams J. Wilson for defendant Robert Peattie & Associates for Debbie Lee Blacker SOLICITORS : Cunningham & Adam for Ashleigh Williams Attwaters for defendant

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

Master Macready

Thursday 21 August 2003

4672/01 Debbie Lee Blacker v Deborah Isabel Williams 1847/02 Ashleigh Skye Williams v Deborah Isabel Williams - Estate of Daryl John Williams JUDGMENT 1 MASTER: This is the hearing of two applications under the Family Provision Act in respect of the estate of the late Daryl John Williams who died on 20 January 2001 aged 45 years. The plaintiffs, his de facto partner, Debbie Blacker and his daughter, Ashleigh Williams, as a result of their relationship, survived him. His former wife and his three children of that marriage also survived him. The deceased's will 2 The deceased made his last will on 19 April 1995 by which he appointed his sister executrix. He left the whole of his estate to his three children of his marriage, namely, Sharelle Jade Williams, Katrina Lee Williams and Nigel Trent Williams. There was no provision made for either of the plaintiffs. The estate of the deceased 3 The deceased had been a baker during his lifetime and he had operated a number of shops which were franchises in the "Baker's Delight" chain of shops. At the date of his death there were five shops that were operated through a company Abernathy Pty Ltd and the Blacker discretionary trust. The present assets in the estate consist of the following: