McReynolds v Matthews [2008] NSWSC 580

New South Wales Supreme Court

CITATION : McReynolds v Matthews [2008] NSWSC 580

HEARING DATE(S) : 10 March 2008

JUDGMENT DATE : 12 June 2008

JUDGMENT OF : McLaughlin AsJ

1. I order that, in lieu of the benefit given to him by the will of the late Warren Leslie McReynolds ("the Deceased"), the Plaintiff receive a legacy of $80,000, such legacy not to bear interest if paid on or before 12 August 2008, and if not so paid to bear interest at the rates prescribed for unpaid legacies by the Probate and Administration Act 1898. DECISION : 2. I order that the burden of the aforesaid legacy be borne by the house property situate at and known as 5 Karoo Crescent, Hornsby Heights, and be a charge against such property. 3. 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, the burden of such costs to be borne, first, by the residue of the estate of the Deceased, and, to the extent that such residue is not sufficient to meet the totality of such costs, then by the proceeds of sale of the aforesaid house property situate at and known as 5 Karoo Crescent, Hornsby Heights. 4. The exhibits may be returned.

CATCHWORDS : SUCCESSION - family provision - claim by adult son - financial and material circumstances of Plaintiff - whether Plaintiff has been left without adequate provision for his proper maintenance - competing claims of other beneficiaries

LEGISLATION CITED : Family Provision Act 1982

CATEGORY : Principal judgment

Blore v Lang (1960) 104 CLR 124 CASES CITED : Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19