Whitmore v Poole [2006] NSWSC 85

New South Wales Supreme Court

CITATION : Whitmore v Poole [2006] NSWSC 85

HEARING DATE(S) : 13, 14 and 15 February 2006

JUDGMENT DATE : 27 February 2006

JURISDICTION : Equity

JUDGMENT OF : Associate Justice McLaughlin at 1

DECISION : Unnless within seven days from the date hereof Counsel for either party arranges with my Associate for the matter to be listed for argument as to costs, I make the following orders: 1. I order that, in addition to the benefits given to her by the will of the late Agnes Beatrice Poole ("the Deceased"), the Plaintiff receive a legacy of $50,000, such legacy not to bear interest if paid on or before 27 May 2006, and if not so paid to bear interest at the rates prescribed for unpaid legacies pursuant to the Wills, Probate and Administration Act 1898. 2. I order that the costs of the Plaintiff on the party and party basis and the costs of the Defendant on the indemnity basis be paid out of the estate of the Deceased. 3. The exhibits may be returned.

CATCHWORDS : Succession. - Family Provision. - Claim by adult daughter. - Financial and material circumstances of Plaintiff. - Whether Plaintiff has been left without adequate provision for her proper maintenance. - Competing claims of other beneficiaries. - Statutory declaration by Deceased concerning reasons for her testamentary dispositions. - Nature of relationship between Plaintiff and Deceased. - Relevance of such relationship to Plaintiff's claim. - Only significant asset in estate is house property, which was left to Defendant. - Any order for provision in favour of Plaintiff will require sale of house property.

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