Reckless v Walker [2004] NSWSC 857

New South Wales Supreme Court

CITATION : Reckless v Walker [2004] NSWSC 857 HEARING DATE(S) : 2 and 3 August 2004 JUDGMENT DATE : 16 September 2004 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin at 1 DECISION : (1). I order that, in lieu of the benefit given to him under the will of the late Charles Lawrence Attewell Reckless ("the Deceased"), the Plaintiff receive a legacy in the sum of $20,000, such legacy not to bear interest if paid on or before 16 November 2004, and if not so paid to bear interest at the rates prescribed for unpaid legacies under the Wills, Probate and Administration Act 1898.; (2). I order that the costs of the Plaintiff on the party and party basis and the costs of the Defendant on the indemnity basis be paid out of the estate of the Deceased.; (3). The exhibits may be returned.

CATCHWORDS : Succession. - Family Provision. - Claim by adult son. - Extent of contact between Plaintiff and Deceased. - Statements made by Deceasd in his will. - Financial and material circumstances of the Plaintiff. - Asserted needs of the Plaintiff. - Whether Plaintiff has been left without adequate provision for his proper maintenance. - Competing claim of the Defendant. LEGISLATION CITED : Wills, Probate and Administration Act 1898 (New South Wales) Family Provision Act 1982 (New South Wales) PARTIES : David Winston Reckless (Plaintiff) Patricia Dawn Walker (Defendant) FILE NUMBER(S) : SC 5980 of 2002 COUNSEL : Mr. R. D. Wilson (Plaintiff) Mr. L. Ellison (Defendant) SOLICITORS : Turnbull Hill Lawyers (Plaintiff) Laliotis Lawyers (Defendant)