McGowan v Waites; Estate of Ruth Patricia Watts [2006] NSWSC 465

New South Wales Supreme Court

CITATION : McGowan v Waites; Estate of Ruth Patricia Watts [2006] NSWSC 465

HEARING DATE(S) : 3 May 2006

JUDGMENT DATE : 25 May 2006

JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

DECISION : Plaintiff to receive (1) a legacy of $100,000 absolutely, and (2) a further $250,000 to assist purchase in her name of new home to accommodate herself, her husband and deceased's disabled adult son, repayable, without interest, only in the event that the adult son ceases permanently to reside there, and secured for that purpose by mortgage on the new home.

CATCHWORDS : SUCCESSION – Family Provision – claim by adult daughter – no surviving spouse – estate net $537,000 - sole beneficiary is disabled adult son – plaintiff has since death assumed responsibility for care and accommodation of deceased's disabled adult son – estate insufficient both to make adequate provision for plaintiff and to preserve sufficient fund for alternative accommodation for beneficiary – probability that current arrangements of plaintiff caring for beneficiary will continue and fund provided under Will for beneficiary's care would not be utilised, but possibility that those arrangements will fail and fund will be required for maintenance of beneficiary.

LEGISLATION CITED : Family Provision Act, 1982

Lo Surdo v Public Trustee [2005] NSWSC 1186 CASES CITED : Singer v Berghouse (No 2) (1994) 181 CLR 201 Vigolo v Bostin (2005) 79 ALJR 731; (2005) 213 ALR 692 Walker v Walker (NSWSC, Young J, 17 May 1996)

Ruth Helen McGowan (plaintiff) PARTIES : Robert James Waites (first defendant) Phillip John Holder (second defendant)