Lia Coral Casper -v- Sarojini Casper and Ors [2007] NSWSC 796

New South Wales Supreme Court

CITATION : Lia Coral Casper -v- Sarojini Casper and Ors [2007] NSWSC 796

HEARING DATE(S) : 6 March 2007

JUDGMENT DATE : 23 July 2007

JUDGMENT OF : Associate Justice McLaughlin

DECISION : 1. I order that, in addition to the benefits given to her by the will of the late Kurt Casper ("the Deceased"), the Plaintiff receive a legacy of $85,500, such legacy not to bear interest if paid on or before 23 September 2007, 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 such legacy to be payable out of the residue of the estate of the Deceased; 2. I order that, in the event that the residue of the estate be not sufficient to meet payment of the aforesaid legacy, liberty to apply be reserved; 3. I order that the costs of the Plaintiff on the party and party basis and the costs of the Defendants on the indemnity basis be paid out of the estate of the Deceased; 4. The exhibits may be returned.

CATCHWORDS : Succession. Family Provision. Claim by adult foster daughter. Financial and material circumstances of Plaintiff. Whether Plaintiff has been left without adequate provision for her proper maintenance. Competing claims of other beneficiaries. Whether any order for provision should be payable out of residue or out of some other part of estate.

LEGISLATION CITED : Family Provision Act 1982

CASES CITED : Singer v Berghouse (1994) 181 CLR 201 at 208 Vigolo v Bostin (2005) 221 CLR 191

Lia Coral Casper (Plaintiff) PARTIES : Sarojini Casper (First Defendant) Dennis John Casper (Second Defendant) Bernard Eric Casper (Third Defendant)