McCarthy v McCarthy [2009] NSWSC 774

New South Wales Supreme Court

CITATION : McCarthy v McCarthy [2009] NSWSC 774

HEARING DATE(S) : 27/07/09, 28/07/09, 29/07/09

JUDGMENT DATE : 14 August 2009

JURISDICTION : Equity Division

JUDGMENT OF : Macready AsJ at 1

CATCHWORDS : Family Provision. Application by step-son. Estate passed on intestacy to only son. Order for provision made. No matter of principle.

CATEGORY : Principal judgment

PARTIES : Gregory John McCarthy v Kim William McCarthy (Estate of William Charles McCarthy)

FILE NUMBER(S) : SC 2712/2006

COUNSEL : Mr PM Jeffriess for plaintiff Mr PW Bates for defendant

SOLICITORS : Everingham Solomons for plaintiff Armstrong Legal for defendant

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

ASSOCIATE JUSTICE MACREADY

Friday 14 August 2009 2712/06 GREGORY JOHN McCARTHY v KIM WILLIAM McCARTHY - ESTATE OF THE LATE WILLIAM CHARLES McCARTHY

JUDGMENT 1 HIS HONOUR: This is an application under the Family Provision Act 1982 in respect of the late William Charles McCarthy who died on 14 November 2004 aged 77 years. The deceased was survived by his son, the defendant and the plaintiff, his step-son. Wills of the deceased 2 The deceased made a number of wills shortly before he became incapable. The wills were made on 10 July 2002, 5 August 2002 and 28 August 2002. Probate was not obtained for these wills and instead the defendant obtained an unopposed Grant of Letters of Administration which resulted in the whole of the estate passing to the defendant. Estate of the deceased 3 The assets in the estate of the deceased comprise the following, with the real estate values being the ones prescribed in the defendant's affidavit of 29 September 2007. Port Macquarie unit $320,000.00 Darling Point Unit $800,000.00 Bangkok unit $137,000.00 Rolls Royce car $ 15,000.00 Speedboat $ 1,500.00 Furniture & other goods $ 21,497.20 Money held by Protective Commissioner & and solicitors $ 21,497.29