Kennard v Sheehan [2010] NSWSC 882

New South Wales Supreme Court

CITATION : Kennard v Sheehan [2010] NSWSC 882

HEARING DATE(S) : 04/08/2010

JUDGMENT DATE : 9 August 2010

JURISDICTION : Equity Division

JUDGMENT OF : Macready AsJ at 1

EX TEMPORE JUDGMENT DATE : 9 August 2010

DECISION : See paragraph 64

CATCHWORDS : Family Provision. Application by son who was left a small legacy. Consideration of relationship between parties and other beneficiaries. - Provision increased.

PARTIES : Trace Robert Kennard v Sandra Ruth Sheehan

FILE NUMBER(S) : SC 2009/00290296

COUNSEL : M Sneddon & C Alexander for plaintiff Mrs J Hill for defendant

SOLICITORS : Bartier Perry for plaintiff Ritchie & Associates for defendant

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

ASSOCIATE JUSTICE MACREADY

MONDAY 9 AUGUST 2010

2009/290296 TRACE ROBERT KENNARD v SANDRA RUTH SHEEHAN

JUDGMENT

1 HIS HONOUR: This is the hearing of an application under the Family Provision Act 1982 in respect of the estate of the late Jill Cheryl Kennard who died on 8 October 2008 aged 59 years. The deceased was survived by her only child, the plaintiff. Last will of the deceased 2 The last will of the deceased was made on 13 June 2004 and she appointed her two sisters as executors. In her will she made different bequests in respect of the two major assets, namely, her home and her superannuation. The relevant clauses in the will are: "3. I give all my superannuation entitlements, money in savings and bank accounts, term deposits and managed funds to my Trustee upon trust to distribute as follows:

(a) 15% to Trace Robert Kennard.

(b) 10% to Sandra Ruth Sheehan.