Townsend v Nichols & Anor [2008] NSWSC 466

New South Wales Supreme Court

CITATION : Townsend v Nichols & Anor [2008] NSWSC 466 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : Not applicable - matter determined on the papers.

JUDGMENT DATE : 6 June 2008

JURISDICTION : Equity Division

JUDGMENT OF : Macready AsJ at 1

DECISION : Paragraph 49

CATCHWORDS : Family Provision. Application by sister of deceased who lived with his sister from time to time. Plaintiff claims to be dependent by virtue of interest free loan made to her by the deceased. Dependency established. Order for provision.

PARTIES : Helen Townsend v James Nichols & John Hurst (The Estate of the late Colin Joseph Nichols)

FILE NUMBER(S) : SC 2043/2007

COUNSEL : Mr PM Jeffriess for plaintiff Mr G Rundle for defendants

SOLICITORS : Hanson Lawyers for plaintiff Connah Steed & Co for defendants

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ASSOCIATE JUSTICE MACREADY

Friday 6 June 2008

2043 of 2007 HELEN TOWNSEND -v- JAMES NICHOLS & JOHN HURST (THE ESTATE OF THE LATE COLIN JOSEPH NICHOLS) JUDGMENT 1 HIS HONOUR: This is an application under the Family Provision Act 1982 (NSW) in respect of the estate of the late Colin Joseph Nichols who died on 14 July 2006 aged 58 years. His wife, two children and a number of brothers and sisters survived the deceased. The plaintiff is a sister of the deceased. Will of the deceased 2 Under the will of the deceased he appointed his brother, James Nichols and his accountant John Hurst his executors. Probate was granted to the executors on 12 October 2006. Mr Hurst has subsequently died. Under his will dated 14 June 2003 he bequeathed his home at Denham Close Moss Vale to his two daughters, Colleen and Carolyn. He gave legacies of $50,000.00 to his grandchildren and provided that the residue should be held as follows: