Davis v Jarrett [2005] NSWSC 90

New South Wales Supreme Court

CITATION : Davis v Jarrett [2005] NSWSC 90

HEARING DATE(S) : 26 October 2004

JUDGMENT DATE : 22 February 2005

JURISDICTION : Equity Division

JUDGMENT OF : Master McLaughlin at 1

DECISION : (1). I order that, in addition to the benefit given to her by the will of the late Winifred Hazel Jarrett ("the Deceased"), the Plaintiff receive a legacy in the sum of $50,000, such legacy not to bear interest if paid on or before 8 March 2005, 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 burden of the aforesaid legacy be borne by that part of the estate of the Deceased to which the grandchildren of the Deceased, other than the Defendant, would otherwise be entitled under the terms of the aforesaid will of the Deceased, to the intent that the interest of the Defendant under the terms of the aforesaid will not be affected by order 1 hereof. (3). I order that the costs of the Plaintiff on the party and party basis and costs of the Defendant on the indemnity basis be paid out of the residue of the estate of the Deceased. (4). The exhibits may be returned.

CATCHWORDS : Succession. Family Provision. Claim by adult Daughter. Plaintiff is only eligible person. Ademption of gift by will of house property to Plaintiff. Financial and material circumstances of Plaintiff. Physical and medical problems of Plaintiff's husband. Plaintiff is essentially her husband's full-time carer. Whether needs of Plaintiff encompass those of her husband. Whether Plaintiff has been left without adequate provision for her proper maintenance. Competing claims of other beneficiaries.

Family Provision Act 1982 LEGISLATION CITED : Wills, Probate and Administration Act 1898.