Christopher Edmund Lumb and Anor -v- Diana Faye McMillan and Anor [2007] NSWSC 386

New South Wales Supreme Court

CITATION : Christopher Edmund Lumb and Anor -v- Diana Faye McMillan and Anor [2007] NSWSC 386

HEARING DATE(S) : 30 November 2007 1 December 2007

JUDGMENT DATE : 23 April 2007

JUDGMENT OF : Associate Justice McLaughlin

DECISION : 1. I order that, in lieu of the benefits given to him by the will of the late Frederick Cecil Lumb ("the Deceased"), the Plaintiff Christopher Edmund Lumb receive a legacy in the sum of $1,170,000, such legacy not to bear interest if paid on or before 23 May 2007, and if not so paid, to bear interest at the rates prescribed for unpaid legacies in the Wills, Probate and Administration Act 1898; 2. I order that, in lieu of the benefits given to her by the will of the the Deceased, the Plaintiff Judith Anne Eslick receive a legacy in the sum of $1,180,000, such legacy not to bear interest if paid on or before 23 May 2007, and if not so paid, to bear interest at the rates prescribed for unpaid legacies in the Wills, Probate and Administration Act 1898; 3. I order that the costs of the Plaintiffs 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. Large estate. Claim by two adult children. Financial and material circumstances of each Plaintiff. Whether each Plaintiff has been left without adequate provision for his or her proper maintenance. Appropriate form of order.

LEGISLATION CITED : Family Provision Act 1982

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

Christopher Edward Lumb (First Plaintiff) PARTIES : Judith Anne Eslick (Second Plaintiff) Diana Faye McMillan (First Defendant) William McMillan (Second Defendant)