Druce v Druce [2005] NSWSC 986

New South Wales Supreme Court

CITATION : Druce v Druce [2005] NSWSC 986

HEARING DATE(S) : 6 June 2005

JUDGMENT DATE : 30 September 2005

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice McLaughlin at 1

DECISION : In addition to the benefits given to her by the will of the Deceased, the Plaintiff should receive: (a) the Ingleburn property, and for this purpose the Ingleburn property should be designated notional estate of the Deceased; (b) a legacy of $120,000, such legacy not to bear interest if paid within 28 days of the date hereof, and if not so paid to bear interest at the rate prescribed for unpaid legacies under the Wills, Probate and Administration Act 1898. The costs associated with the transfer to the Plaintiff of the Ingleburn property should be paid by the estate of the Deceased. I note that each party is desirous that I should receive submissions concerning the costs of the present proceedings. Accordingly, I stand the matter over to a date to be fixed by arrangement with my Associate for the bringing in of short minutes to reflect my foregoing conclusions, and for argument as to costs.

CATCHWORDS : Succession. Family Provision. Claim by widow. Marriage lasted nine years. Financial and material circumstances of Plaintiff. Defendants acknowledge that Plaintiff has been left without adequate provision for her proper maintenance. A beneficiary who asserts a competing claim has a duty to place before the Court as fully and and as frankly as possible all information concerning his financial and material circumstances.

LEGISLATION CITED : Family Provision Act 1982

Luciano v Rosenblum (1985) 2 NSWLR 65 CASES CITED : Marshall v Carruthers [2002] NSWCA 47

Margaret Annie Druce (Plaintiff) PARTIES : Michael Christopher Druce (first Defendant) John Russell Druce (second Defendant)