Pritchett v Priakos [2006] NSWSC 271

New South Wales Supreme Court

CITATION : Pritchett v Priakos [2006] NSWSC 271 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 25 October 2005

JUDGMENT DATE : 11 April 2006

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice McLaughlin at 1

DECISION : (1). I order that, in lieu of the benefits given to him by the will of the late Adreanna Pritchett ("the Deceased"), the Plaintiff receive a legacy in the sum of $600,000, such legacy not to bear interest if paid on or before 11 July 2006, 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 balance of the estate of the Deceased be held for the First Defendant absolutely. (2). I order that the costs of Plaintiff on the indemnity basis and costs of the Defendants 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 widower aged 84. Financial and material circumstances of Plaintiff. No other eligible persons. Competing claim of First Defendant. Will gave to Plaintiff life estate in matrimonial home. Inevitable that that residence must be sold, if only to meet costs of the present proceedings. Essential need of Plaintiff is for security and flexibility in accommodation.

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

CASES CITED : Singer v Berghouse (1994) 181 CLR 201 Vigolo v Bostin (2005) 79 ALJR 731

Ronald Joseph Pritchett (Plaintiff) PARTIES : Penelope Priakos (First Defendant) Nicholas George Pappas (Second Defendant)