NSW Caselaw
New South Wales Supreme Court
CITATION : Turner v Wall [2008] NSWSC 346
HEARING DATE(S) : 30, 31 August, 25 and 26 September 2007 (written submissions to 16 October 2007)
JUDGMENT DATE : 17 April 2008
JUDGMENT OF : McLaughlin AsJ
1. I declare that, upon their true construction, and in the events which have happened, the words "any monies held by me in any financial institution at the date of my death" in clause 3(b) of the will of the late Graeme Royce Blanch ("the Deceased") do not include the moneys held in Citicorp Personal Super and Roll-over Plan Options 830064445 and 830064674. DECISION : 2. I order that the balance of the proceedings be dismissed. 3. I reserve to the parties liberty to apply in respect to costs. 4. The exhibits may be returned.
CATCHWORDS : SUCCESSION - will construction - "any monies [sic] held by me in any financial institution at the date of my death" - whether that phrase encompasses certain superannuation entitlements of testator. SUCCESSION - family provision - claim by live-in carer and housekeeper - Plaintiff received significant benefits under will - whether Plaintiff is an eligible person - membership of the same household as Deceased - dependency upon Deceased - financial and material circumstances of Plaintiff - whether Plaintiff has been left without adequate provision for her proper maintenance - factors warranting the making of the application - competing claims of other beneficiaries.
LEGISLATION CITED : Family Provision Act 1982
CATEGORY : Principal judgment
Walford v Walford [1912] AC 658 Perrin v Morgan [1943] AC 399 Blore v Lang (1960) 104 CLR 124 Lutheran Church of Australia SA District Inc v Farmers' Co-operative Executors and Trustees Limited (1970) 121 CLR 628 Palmer v Bank of New South Wales [1973] 2 NSWLR 244 CASES CITED : State Superannuation Board v Trade Practices Commission (1982) 150 CLR 282 Re Fulop Deceased (1987) 8 NSWLR 679 Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Firriolo v Firriolo [2000] NSWSC 1039 Hatzantonis v Lawrence [2003] NSWSC 914 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19 Johansen v Art Gallery of New South Wales Trust [2006] NSWSC 577
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