NSW Caselaw
New South Wales Supreme Court
CITATION : Cannings v Cannings [2010] NSWSC 87
HEARING DATE(S) : 28 and 29 October 2009
JUDGMENT DATE : 19 February 2010
JUDGMENT OF : McLaughlin AsJ
1. I order that, in lieu of the legacy of $25,000 given to her by the will of the late George William Cannings ("the Deceased") but in addition to the various other benefits given to her by that will, the Plaintiff receive a legacy in the sum of $364,000, such legacy not to bear interest if paid on or before 19 March 2010, and if not so paid to bear interest at the rates prescribed for unpaid legacies by the Probate and Administration Act 1898. DECISION : 2. I order that the costs of the Plaintiff on the party and party basis and the costs of the Defendants on the indemnity basis be paid out of the estate of the Deceased. 3. The exhibits may be returned.
CATCHWORDS : SUCCESSION - family provision - claim by elderly widow - financial and material circumstances of Plaintiff - Defendants concede that will does not make adequate provision for Plaintiff - competing claims of residuary beneficiaries - appropriate provision to be made for Plaintiff.
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
Florence May Grace Cannings (Plaintiff) PARTIES : Jeffrey David Cannings (First Defendant) Bryan John Cannings (Second Defendant) John William Cannings (Third Defendant)
FILE NUMBER(S) : SC 4598 of 2008
COUNSEL : Mr R. Quickenden and G. Dilworth (Plaintiff) Mr C. Harris SC (Defendants)
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