Allison v Farrington, Hobbs v Farrington [2005] NSWSC 106

New South Wales Supreme Court

CITATION : Allison v Farrington, Hobbs v Farrington [2005] NSWSC 106

HEARING DATE(S) : 15 November 2004

JUDGMENT DATE : 24 February 2005

JURISDICTION : Equity Division

JUDGMENT OF : Master McLaughlin at 1

DECISION : (1). I order that the home unit situate at and known as 3/26 Waugh Street, Port Macquarie be designated as notional estate of the late Keith Joseph Farrington ("the Deceased"). (2). I order that Veronica Helen Allison, the Plaintiff in proceedings 5514 of 2003, receive a legacy of $80,000 out of the notional estate of the Deceased, such legacy not to bear interest if paid on or before 24 May 2005, and if not so paid, to bear interest at the rates prescribed for unpaid legacies pursuant to the provisions of the Wills, Probate and Administration Act 1898. (3). I order that Victoria Anne Hobbs, the Plaintiff in proceedings 5065 of 2004 receive a legacy of $50,000 out of the notional estate of the Deceased, such legacy not to bear interest if paid on or before 24 May 2005, and if not so paid, to bear interest at the rates prescribed for unpaid legacies pursuant to the provisions of the Wills, Probate and Administration Act 1898. (4). I order that the costs of each of the aforesaid Plaintiffs on the party and party basis and the costs of the Defendant on the indemnity basis be paid out of the notional estate of the Deceased. (5). The exhibits may be returned.

CATCHWORDS : Succession. Family Provision. Claims by two adult daughters. Notional estate. Prescribed transactions. Deceased shortly before his death transferred home unit to himself and his wife as joint tenants. Financial and material circumstances of each Plaintiff. Deceased recognised an obligation to provide a residence for one Plaintiff. Other Plaintiff suffers from a pyschiatric condition. Competing claim of widow. Marriage of very short duration.