Ray v Greenwell [2009] NSWSC 952

New South Wales Supreme Court

CITATION : Ray v Greenwell [2009] NSWSC 952

HEARING DATE(S) : 2 April 2009

JUDGMENT DATE : 11 September 2009

JUDGMENT OF : McLaughlin AsJ

1. I order that one half of the BT investment portfolio held by the late William Robert Greenwell ("the Deceased") at the time of his death be declared notional estate of the Deceased. DECISION : 2. I order that, in addition to the benefit given to her by the will of the Deceased, the Plaintiff receive a further legacy, being in the sum of $60,000, to be paid out of the notional estate of the Deceased, such further legacy not to bear interest if paid on or before 11 October 2009, and if not so paid, to bear interest at the rates prescribed by the Probate and Administration Act 1898. 3. I order that the costs of the Plaintiff on the party and party basis (such costs not to exceed $60,000) and the costs of the Defendant on the indemnity basis, be paid out of the notional estate of the Deceased. 4. The exhibits may be returned.

CATCHWORDS : SUCCESSION - family provision - claim by adult daughter - financial and material circumstances of Plaintiff - whether Plaintiff has been left without adequate provision for her proper maintenance - competing claim of Deceased's widow, who is chief object of his testamentary beneficence - prescribed transaction - designation of notional estate.

LEGISLATION CITED : Family Provision Act 1982

CATEGORY : Principal judgment

CASES CITED : Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19

PARTIES : Judith Constance Ray (Plaintiff) Robyn Elizabeth Greenwell (Defendant)