Mifsud v Zarb [2003] NSWSC 983

New South Wales Supreme Court

CITATION : Mifsud v Zarb [2003] NSWSC 983 HEARING DATE(S) : 28 October 2003 JUDGMENT DATE : 28 October 2003 JURISDICTION: Equity JUDGMENT OF : Master Macready at 1 DECISION : (1) In lieu of the provision of a half share of residue in favour of Yolanda Rosina Zarb, that she receive a legacy of $30,000; (2) That the plaintiff receive the whole of the residue of the estate; (3) That the plaintiff's cost on a party and party basis and the defendant's cost on an indemnity basis be retained or paid out of the estate of the deceased.

CATCHWORDS : Family Provision - Application by a daughter who received half of her mother's house - Other half left to deceased's sister in law - Daughter awarded whole house subject to payment of small legacy to sister in law PARTIES : Rosanna Helena Mifsud v Yolanda Rosina Zarb - Estate of Helene Mifsud FILE NUMBER(S) : SC 1475/02 COUNSEL : Mr A M Colefax - Plaintiff Mr J D Smith - Defendant SOLICITORS : McCoy, Grove & Atkinson Solicitors Sydney - Plaintiff Messrs Ronald S Czinner & Co Solicitors Gladesville - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER MACREADY

TUESDAY 28 OCTOBER 2003

1475/02 Rosanna Helena Mifsud v Yolanda Rosina Zarb - Estate of Helene Mifsud JUDGMENT 1 Master: This is an application under the Family Provision Act in respect of the Estate of the late Helene Mifsud, who died on 15 August 2001 aged eighty-two years. The deceased was survived by her daughter, the plaintiff, and the defendant, who is her sister-in-law.

The last will of the deceased 2 The deceased made her last will on 27 August 1999 under which she appointed the two parties as her executrices and under which she gave her daughter her furniture and personal items. She left the residue of her estate equally between her daughter and her sister-in-law.