Freeman & Anor v Wetzler [2010] NSWSC 880

New South Wales Supreme Court

CITATION : Freeman & Anor v Wetzler [2010] NSWSC 880

HEARING DATE(S) : 02/08/2010

JUDGMENT DATE : 3 August 2010

JURISDICTION : Equity Division

JUDGMENT OF : Macready AsJ at 1

EX TEMPORE JUDGMENT DATE : 15 August 2010

DECISION : Paragraphs 56-59

CATCHWORDS : Family Provision. Claim by two children left out of deceased's will. One disabled daughter received whole estate. Orders for modest legacies for the plaintiffs.

PARTIES : Margaret Freeman and Peter Wetzler v Bronwyn Wetzler (Estate of the late Patricia Wetzler)

FILE NUMBER(S) : SC 2009/00291268

COUNSEL : M Bridger for plaintiffs M Fraser for defendant

SOLICITORS : Bilbie Dan Solicitors for plaintiffs Harris Wheeler Lawyers for plaintiffs

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

ASSOCIATE JUSTICE MACREADY

TUESDAY 3 AUGUST 2010

2009/00291268 MARGARET HELEN FREEMAN & PETER JOHN WETZLER v BRONWYN MAREE WETZLER (ESTATE OF LATE PATRICIA JUNE WELTZER)

JUDGMENT

1 HIS HONOUR: This is an application under the Family Provision Act in respect of the estate of the late Patricia June Wetzler who died on 5 September 2008 aged 80 years. She was survived by her four children. Two are plaintiffs and the other is a defendant. The other child Michael has been notified of the proceedings and makes no claim. The last will of the deceased 2 The deceased made her last will on 6 February 1996. She appointed the defendant, her daughter, her executor and gave the home at Charlestown to the defendant. The residue of her estate was split between her four children in equal shares. 3 At the time of making her will the deceased left a letter explaining why, in effect, she preferred the defendant to her other children. That letter was in these terms: " I thought I would like to explain to you the reason I am leaving my house to Bronwyn. Margaret has a house, although she is still paying it off, she will one day own her own house.