Menczer v Menczer - Estate of Bruinsma; Menczer v Menczer [2009] NSWSC 1466

New South Wales Supreme Court

CITATION : Menczer v Menczer - Estate of Bruinsma; Menczer v Menczer [2009] NSWSC 1466

HEARING DATE(S) : 16-18 December 2009

JUDGMENT DATE : 18 December 2009

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 18 December 2009

DECISION : Refer to paras 104-107 of judgment.

CATCHWORDS : SUCCESSION - wills, probate and administration – plaintiffs seek to enforce purported agreements that the deceased would transfer her interest in real property to them upon her death in return for the applicants looking after her – first alleged agreement not binding and in any event superseded by later agreement – construction of later agreement – agreement reflected real possibility of deceased changing her mind after making agreement and imposed no implied restriction on her doing so – adverse credit findings against plaintiffs – court considers critically agreements said to have been made with a deceased person – further term in second agreement that plaintiffs pay money to deceased found not to have been performed – plaintiffs' claim rejected - SUCCESSION - family provision and maintenance - failure by testator to make sufficient provision for daughter – consideration of what is required for her proper maintenance and advancement in life – lump sum awarded

Family Provision Act 1982 (NSW) LEGISLATION CITED : Contracts Review Act 1980 (NSW) Civil Procedure Act 2005 (NSW)

CATEGORY : Principal judgment

CASES CITED : Dable v Peisley [2009] NSWSC 772

2180/08 Plaintiff: Grace Menczer 1st Deft: Benjamin Menczer 2nd Deft: Katina Manolios 1858/09 PARTIES : 1st Plaintiff: Tracy Henry Menczer 2nd Plaintiff: Lyra Alenton Menczer 1st Deft: Benjamin Menczer 2nd Deft: Katina Manolios 3rd Deft: Grace Menczer 4th Deft: Trevor Imre Menczer 5th Deft: Pauline Marion Menczer