Woodward v Holmes [2009] NSWSC 707

New South Wales Supreme Court

CITATION : Woodward v Holmes [2009] NSWSC 707

HEARING DATE(S) : 20/10/09

JUDGMENT DATE : 22 October 2009

JURISDICTION : Equity Division

JUDGMENT OF : Macready AsJ at 1

EX TEMPORE JUDGMENT DATE : 22 October 2009

DECISION : Paragraph 49

CATCHWORDS : Family Provision. Claim by a daughter who was left half of the deceased's real estate. Other half left to her brother who did not put forward his financial circumstances. Extension of time. Time extended and order for plaintiff to receive whole of the estate. No matter of principle.

PARTIES : Helen Marion Katherine Woodward v Brian George Holmes & Leslie Frederick Glen

FILE NUMBER(S) : SC 3123/08

COUNSEL : Mr P Blackburn Hart SC for plaintiff Mr DL Warren for defendants

SOLICITORS : Christopher Levingston & Associates for plaintiff Hughes & Taylor for defendants

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

ASSOCIATE JUSTICE MACREADY

THURSDAY 22 OCTOBER 2009

3123/08 HELEN MARION KATHERINE WOODWARD v BRIAN GEORGE HOLMES & ANOR

JUDGMENT

1 HIS HONOUR: This is an application under the Family Provision Act 1982 in respect of the estate of the late Alan Glen, who died on 1 February 1989 aged 79 years. He was survived by his wife Marjory, who died on 11 September 2007. They had two children, the plaintiff and the second defendant. The last will of the deceased 2 This was made on 13 January 1982. He appointed the first defendant, a friend, who was a solicitor, as executor. He gave his house for life to his wife and on her death the house was to pass to the two children equally. The estate of the deceased 3 The estate consisted of the deceased's home at Fairlight and a small quantity of shares. The only remaining asset is the house, having a present agreed value of $1.1 million. 4 The costs in regard to this matter are as follows: the executor's costs $ 8,000 the second defendant's costs $32,917 the plaintiff's costs $89,950