NSW Caselaw
New South Wales Supreme Court
CITATION : Ye v Fung (No 3) [2006] NSWSC 635 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 06/06/06
JUDGMENT DATE : 26 June 2006
JUDGMENT OF : Gzell J
DECISION : Legacy of $425,000.00 and forgiveness of debt of $22,000.00.
CATCHWORDS : SUCCESSION - Family Provision and Maintenance - Failure of testatrix to make provision - Able bodied adult in close personal relationship with her for 10 years left nothing and debt not forgiven - Relationship like that of aunt and nephew - Lived together non-sexually - He financially dependent upon her and he providing domestic support and personal care - Estate left to siblings - Estate in excess of $1.5 million - No evidence of needs of siblings - Provision made to buy and furnish a house and a buffer against exigencies
Family Provision Act 1982 LEGISLATION CITED : Wills, Probate and Administration Act 1898 Uniform Civil Procedure Rules 2005 Property (Relationships) Act 1984
Ye v Fung; Ye v Fung [2006] NSWSC 243 Singer v Berghouse (1994) 181 CLR 201 Vigolo v Bostin (2005) 221 CLR 191 McGrath & Anor v Eves & Anor [2005] NSWSC 1006 CASES CITED : Barbara Mayfield v Suzy Carolyn Lloyd-Williams [2004] NSWSC 419 Lloyd-Williams v Mayfield (2005) 63 NSWLR 1 McKenzie v Topp [2004] VSC 90 Taylor v Lewis [2004] NSWSC 375 Golosky v Golosky, NSWCA, unreported, 5 October 1993 In Re Allen; Allen v Manchester [1922] NZLR 218
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