Jones v Public Trustee [2010] NSWSC 350

New South Wales Supreme Court

CITATION : Jones v Public Trustee [2010] NSWSC 350

HEARING DATE(S) : 23 and 24 November 2010

JUDGMENT DATE : 28 April 2010

JUDGMENT OF : McLaughlin AsJ

1. I order that, in lieu of the benefit given to her by the will of the late Marjorie Gladys Miriam Ward ("the Deceased"), Janice Margaret Jones receive a legacy in the sum of $287,000; and that, in lieu of the benefit given to her by the will of the Deceased, Lynda Anne Ward receive a legacy in the sum of $350,000; each such legacy not to bear interest if paid on or before 28 May 2010, and if not so paid to bear interest at the rates prescribed for unpaid legacies by the Probate and Administration Act 1898; and each such legacy to be paid out of the residue of the estate of the Deceased (being described in clause 12.00 of the will of the Deceased as "the remainder of my property"). DECISION : 2. I order that the costs of each Plaintiff on the party and party basis and the costs of the Defendant on the indemnity basis be paid out of the estate of the Deceased. 3. The exhibits may be returned.

CATCHWORDS : SUCCESSION - Family provision - claims by two adult daughters - financial and material circumstances of each Plaintiff - whether each Plaintiff has been left without adequate provision for her proper maintenance - written statements by Deceased concerning, inter alia, reasons for her testamentary dispositions - competing claims of residuary and other beneficiaries.

LEGISLATION CITED : Family Provision Act 1982

Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 CASES CITED : Shearer v Public Trustee, 29 March 1998, unreported, Young J; Morton v Little [2005] NSWSC 36 Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19