Stansfield v National Australia Trustees LtdCory & Ors v National Australia Trustees [2004] NSWSC 1107

New South Wales Supreme Court

CITATION : Stansfield v National Australia Trustees LtdCory & Ors v National Australia Trustees [2004] NSWSC 1107 revised - 26/11/2004 HEARING DATE(S) : 17, 18 November 2004 JUDGMENT DATE : 19 November 2004 JURISDICTION: Equity Division JUDGMENT OF : Master Macready at 1 DECISION : Paragraph 45

CATCHWORDS : Family Provision. Application by defacto partner and three sons of deceased. Sons provided for by a discretionary trust. Consideration of whether it was an appropriate provision. Held it was not an appropriate provision. Order for sharing of estate and legacy to partners. PARTIES : Toni Margaret Stansfied v National Australia Trustees Ltd ( Estate of Trevor Wearne Cory) David John Cory & 2 Ors v National Australia Trustees Ltd (Estate of Trevor Wearne Cory) FILE NUMBER(S) : SC 6062/02; 3939/02 Mr B. Sharpe for Stansfield COUNSEL : Mr J. Wilson SC for Cory & Ors Mr P Blackburn Hard with Miss D. Robinson for defendant R.A Davies for Stansfield SOLICITORS : Bradfield Anderson for Cory & Ors Bartier Perry for defendant

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

MASTER MACREADY

FRIDAY 19 NOVEMBER 2004

6062/02 – TONI MARGARET STANSFIELD v NATIONAL AUSTRALIA TRUSTEES LIMITED – ESTATE OF TREVOR WEARNE CORY

3939/02 – DAVID JOHN CORY & ORS v NATIONAL AUSTRALIA TRUSTEES LIMITED – ESTATE OF TREVOR WEARNE CORY

JUDGMENT

1 MASTER: This is a hearing of two applications under the Family Provision Act 1992 in respect of the estate of the late Trevor Wearne Cory who died on 25 July 2001 aged seventy years. One application is made by his de facto partner at the time of his death, and the other by his three sons. I have heard both matters together with the evidence in one being evidence in the other. 2 The last will of the deceased was made on 23 July 2001 and appointed the defendant as executor. It made the following provisions: