Fiorenza v Fiorenza [2005] NSWSC 713

New South Wales Supreme Court

CITATION : Fiorenza v Fiorenza [2005] NSWSC 713

HEARING DATE(S) : 15/7/2005

JUDGMENT DATE : 18 July 2005

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice Macready at 1

DECISION : Paragraph 55

CATCHWORDS : Family Provision. Application under Family Provision Act by deceased's second wife. The house the only asset in the estate left equally to widow and son of first marriage. Orders for further provision. Discussion of costs effects of the Court's order.

PARTIES : Antonietta Fiorenza v Vincenzo Fiorenza (Estate of Angelo Salvatore Fiorenza)

FILE NUMBER(S) : SC 2186/2004

Mr L. Ellison for plaintiff COUNSEL : Mr D.L. Warren for defendant

John Fisicaro & Co for plaintiff SOLICITORS : Lapaine Pomare & Forster for defendant

LOWER COURT JURISDICTION :

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

ASSOCIATE JUSTICE MACREADY

MONDAY 18 JULY 2005

2186/04 - ANTONIETTA FIORENZA v VINCENZO FIORENZA ESTATE OF ANGELO SALVATORE FIORENZA

JUDGMENT

1 HIS HONOUR: This is an application under the Family Provision Act in respect of the estate of the late Angelo Fiorenza who died on 23 December 2002 aged 81 years. 2 He was survived by his second wife, the Plaintiff, and by his own child of his first marriage, the Defendant. THE LAST WILL OF THE DECEASED 3 The Deceased made his last Will on 6 April 1996 under which he appointed both the Plaintiff and the Defendant executors, and the relevant provisions for this application is as follows: "III. MY EXECUTOR shall hold the whole of my Estate on Trust to divide same as follows:

A. As to one-half share in the property known as 20 Robert Street, Petersham, I give absolutely to my wife ANTONIETTA NAZZARENA FIORENZA .