Bourke v Keep [2011] NSWSC 88

Supreme Court New South Wales

Medium Neutral Citation: Bourke v Keep [2011] NSWSC 88 Hearing dates: Tuesday 16 February 2011 Decision date: 01 March 2011 Before: Associate Justice Macready Decision: 1. The plaintiff receives a legacy of $200,000 out of the estate of the deceased. 2. The plaintiff's costs on the ordinary basis and the defendants' costs on the indemnity basis be paid or retained out of the estate of the deceased. 3. Interest is to run on the legacy at the rate provided in the Probate and Administration Act 1898 from three months after the date of these orders. Catchwords: WILLS AND ESTATES - family provision claim - relationship with the deceased - deceased and daughter estranged for 38 years Legislation Cited: Family Provision Act 1982 Probate and Administration Act 1898 Succession Act 2006 Cases Cited: Benney v Jones (1991) 23 NSWLR 559 Ford v Simes [2009] NSWCA 351 Gorton v Parks (1989) 17 NSWLR 1 Hughes v Hughes (Court of Appeal, 6 June 1989, unreported) Nicholls v Hall [2007] NSWSC 356 Palmer v Dolman; Dolman v Palmer [2005] NSWCA 361 Pontifical Society for the Propagation of the Faith v Scales (Scales' case) (1962) 107 CLR 9 Savic v Kim [2010] NSWSC 1401 Singer v Berghouse [1994] HCA 40 Vigolo v Bostin [2005] HCA 11 Walker v Walker (New South Wales Supreme Court, 17 May 1996, unreported) Category: Principal judgment Parties: Marion Gay Bourke v Gwendolene Ann Keep & Graham Christopher Keep Representation: Mr RE Quickenden & Mr G Dilworth for plaintiff Mr RD Wilson for defendants Nash Allen Williams & Wotton for plaintiff Hancock Alldis & Roskov for defendants File Number(s): 2010/283355