Varnel v Heyes [2008] NSWSC 978

New South Wales Supreme Court

CITATION : Varnel v Heyes [2008] NSWSC 978

HEARING DATE(S) : 14/08/08, 13/11/08

JUDGMENT DATE : 21 November 2008

JURISDICTION : Equity Division

JUDGMENT OF : Macready AsJ at 1

CATCHWORDS : Family Provision. Application by defacto partner of deceased. Partners for 8-1/2 years. No contribution to estate. Whether appropriate to allow provision of funds for a house. Held in circumstances not appropriate. Plaintiff with large Centrelink debt. Whether provision would still be for her benefit or contrary to public policy. Orders made for trust for plaintiff.

PARTIES : Gillian Varnel v Mark David Hayes (Estate of the late Ernest Joseph Heyes)

FILE NUMBER(S) : SC 5467/2007

COUNSEL : M Meek for plaintiff J Clifton for defendant

SOLICITORS : John Hall Lawyers Pty Ltd for plaintiff JP Lawyers for defendant

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

ASSOCIATE JUSTICE MACREADY

FRIDAY 21 NOVEMBER 2008 5467/07 GILLIAN VARNEL v MARK DAVID HEYES (ESTATE OF ERNEST JOSEPH HEYES) JUDGMENT 1 His Honour: This is an application under the Family Provision Act 1982 in respect of the late Ernest Joseph Heyes who died on 29 December 2006 aged 67. The deceased was survived by the plaintiff who was his de facto partner at the date of death. The deceased was also survived by his son, the defendant and his wife, Anne Orr Heyes, from whom he had been separated. She has been give notice and makes no claim. The last will of the deceased 2 The deceased's last will was dated 23 December 2002 probate of which was granted to the defendant on 1 May 2007. Under that that will he gave the plaintiff a legacy of $50,000. The residue of his estate was left to the defendant, his son, who he appointed executor. Assets in the estate 3 After payment of the plaintiff's legacy of $50,000 the estate was comprised of the following assets: