Evans v Ryan Ryan v Ryan [2007] NSWSC 1378

New South Wales Supreme Court

CITATION : Evans v Ryan Ryan v Ryan [2007] NSWSC 1378

HEARING DATE(S) : 26/111/2007

JUDGMENT DATE : 27 November 2007

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice Macready at 1

EX TEMPORE JUDGMENT DATE : 27 November 2007

DECISION : Paragraph 48

CATCHWORDS : Family Provision. Application by widow and stepson. Orders made for furfther provision. No matter of principle.

PARTIES : Geoffrey John Evans v Leanne Sharon Ryan & Anor (Estate of Peter Timothy Ryan) Margaret Henderson Ryan v Leanne Sharon Ryan & Anor (Estate of Peter Timothy Ryan)

FILE NUMBER(S) : SC 6035/2006; 3016/2006

COUNSEL : Mr RJ Brender for the plaintiffs Mr K. Morrissey for the defendants

SOLICITORS : Kennedy & Cooke for plaintiffs Hozack Clisdell Lawyers for defendants

- 1 - THE SUPREME COURTOF NEW SOUTH WALES EQUITY DIVISION

ASSOCIATE JUSTICE MACREADY

TUESDAY 27 NOVEMBER 2007

6035/06 GEOFFREY JOHN EVANS v LEANNE SHARON RYAN - ESTATE OF PETER TIMOTHY RYAN and ANOR 3016/06 MARGARET HENDERSON RYAN v LEANNE SHARON RYAN - ESTATE OF PETER TIMOTHY RYAN and ANOR

JUDGMENT 1 HIS HONOUR: This is an application under the Family Provision Act, 1982 in respect of the estate of the late Peter Timothy Ryan who died on 14 August 2005 aged 61 years. The deceased was survived by his first and second wives, his three children from his first marriage and his two stepchildren. 2 There are two proceedings, one brought by his widow and one brought by his stepson. I have heard both proceedings together, with the evidence in one being the evidence in the other. His first wife has been given notice and makes no claim. Last will of the deceased 3 The deceased's last will was made on 14 August 1998. His two daughters, Tracey and Leanne were appointed his executrixes. He left them some minor bequests, leaving 15% to his wife Margaret Henderson Ryan and as to 85% to his three daughters of his first marriage. He made a statutory declaration at the time of that will explaining why he had not made greater provision. It was in these terms: "3. After considering the legal advice I declare: (a) I have not provided for my former wife, Suzanne Jean Manson as our marriage was dissolved 17 years ago and I believe she has been adequately provided for. (b) I have left 15% of my residuary estate to my wife Margaret Henderson Ryan as I am of the opinion that after taking into account the value of white assets, the amount she will receive should be sufficient for her to purchase aim more suitable accommodation after my death. I believe Margaret would not wish to reside on my farm after my death. I also believe that Margaret is adequately provided for from independent sources and I am unaware that her children have also been well provided for through a family settlement. 4. Other factors that have been taken into account by me in making my Will are: (a) the assets acquired by me through my own efforts; (b) the day to day living expenses incurred by myself and my wife Margaret met equally between us from our separate incomes. (c) I have assisted in raising Margaret's children until they left home.