Hulme v Graham [2010] NSWSC 1281

New South Wales Supreme Court

CITATION : Hulme v Graham [2010] NSWSC 1281

HEARING DATE(S) : 1 November 2010 2 November 2010

JUDGMENT DATE : 15 November 2010

JUDGMENT OF : Hallen AsJ

1 Adequate provision for the proper maintenance and advancement in life was not made for the Plaintiff in the Will of the deceased. However, in the circumstances, I consider that a family provision order should not be made. DECISION : 2 As requested by counsel for the parties during final submissions, I shall not make any orders, but shall allow the parties an opportunity to come to a precise arrangement as to what orders are to be made in accordance with these reasons. If agreement cannot be reached, I shall hear submissions on costs. 3 I stand the matter over for the making of the orders that the parties seek.

CATCHWORDS : SUCCESSION - family provision order under Succession Act 2006 sought - claim by de facto partner of deceased - duration of de facto relationship is disputed by Defendant – no provision made for Plaintiff in Will - Following the deceased's death, Plaintiff receives benefits from trustee of fund of which deceased was a member - relevance of death benefit payment - financial and material circumstances of Plaintiff - whether Plaintiff has been left without adequate provision for her proper maintenance and advancement - competing claim of beneficiaries - adequate provision not made by Will or on intestacy or both - whether order under Act should be made - as a matter of discretion no order should be made

Conveyancing Act 1919 Family Provision Act 1982 LEGISLATION CITED : Interpretation Act 1987 Succession Act 2006 Succession Amendment (Family Provision) Act 2008 Property (Relationships) Act 1984