Hunt v Delaney [2005] NSWSC 764

New South Wales Supreme Court

CITATION : Hunt v Delaney [2005] NSWSC 764

HEARING DATE(S) : 28/07/2005

JUDGMENT DATE : 29 July 2005

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice Macready at 1

DECISION : Paragraph 65

CATCHWORDS : Family Provision. Application under the Family Provision Act by two children of deceased. Children abandoned by mother at a young age and estate left to charities. Orders for provision by way of legacy.

PARTIES : Alfred William Hunt and Pricilla Hunt v Michael Joseph Delaney

FILE NUMBER(S) : SC 5746/2004

Mr J.A. Trebeck for plaintiff COUNSEL : Ms. J. Steele for defendant

Maurice Buckley C T Poole & Son for plaintiff SOLICITORS : Hall Legal for defendant

LOWER COURT JURISDICTION :

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

ASSOCIATE JUSTICE MACREADY

FRIDAY 29 JULY 2005

57461/04 - ALFRED WILLIAM HUNT & ANOR V MICHAEL JOSEPH DELANEY - ESTATE OF NANCYE DOREEN HUNT AKA NANCY DOREEN HUNT

JUDGMENT:

1 HIS HONOUR: This is an application under the Family Provision Act in respect of the estate of the late Nancye Doreen Hunt, who died on 6 March 2004. The deceased was survived by her three children, two of whom are the plaintiffs in this action. 2 The third child has been given notice and she makes no claim on the estate. WILL OF THE DECEASED 3 The Defendant, a solicitor who had acted for the deceased from time to time, was appointed executor under the deceased's last will dated 27 September 1991. 4 The deceased left her estate equally between the St Vincent de Paul Society and the Royal Blind Society. She made no provision for the plaintiffs and instead directed that her body be cremated privately and that the family was not to be notified of her death. ASSETS IN THE ESTATE 5 The Estate has been reduced to cash and amounts to $499,545.23. Some defendants costs have been paid and the remaining costs and fees to be paid for the defendant amount to $31,673.70. The plaintiff's costs are estimated at $37,128.98. This leaves a net distributable estate of some $430,742.55.