Wheatley v Wheatley [2005] NSWSC 785

New South Wales Supreme Court

Wheatley v Wheatley [2005] NSWSC 785 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 26 and 27 April 2005

JUDGMENT DATE : 3 August 2005

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice McLaughlin at 1

DECISION : (1). I order that the Plaintiff receive from the estate of the late Beverley Denise Wheatley, also known as Beverley Mabel Wheatley ("the Deceased") a legacy in the sum of $78,000, such legacy not to bear interest if paid on or before 28 September 2005, and if not so paid to bear interest at the rates prescribed for unpaid legacies under the Wills, Probate and Administration Act 1898, and that the payment of such legacy be a charge against the house property situate at and known as 6 Alma Street, Clontarf ("the Alma Street property"). (2). I order that the costs of the Plaintiff on the party and party basis be paid out of the estate of the Deceased, and be a charge against the Alma Street property. (3). The exhibits may be returned.

CATCHWORDS : Succession. Family Provision. Claim by adult son. Financial and material circumstances of Plaintiff. Whether Plaintiff has been left without adequate provision for his proper maintenance. Statements by Deceased concerning conduct of Plaintiff and her reasons for excluding him from her will. Competing claim of Defendant.

Family Provision Act 1982 LEGISLATION CITED : Testator's Family Maintenance and Guardianship of Infants Act 1916 Wills, Probate and Administration Act 1898

CASES CITED : Singer v Berghouse (1994) 181 CLR 201

John Christopher Wheatley (Plaintiff) PARTIES : Robin Judith Wheatley (Defendant)