Medlock v Cram [2011] NSWSC 285

Supreme Court New South Wales

Medium Neutral Citation: Medlock v Cram [2011] NSWSC 285 Hearing dates: Monday 28 March 2011 Decision date: 12 April 2011 Before: Associate Justice Macready Decision: Summons dismissed. Catchwords: WILLS AND ESTATES - family provision claim - competing claims or interests - financial resources and needs of claimants - small estate - unable to provide for claimant grandchild despite inadequate provision for claimant by deceased's will. Legislation Cited: Succession Act 2006 Family Provision Act 1982 Cases Cited: Ball v Newey (1988) 13 NSWLR 489 Benney v Jones (1991) 23 NSWLR 559 Churton v Christian (1988) 13 NSWLR 241 Fulop Deceased, Re (1987) 8 NSWLR 679 McKenzie v Baddeley (NSWSC, unreported, 3 December 1991) Petrohilos v Hunter (1991) 25 NSWLR 343 Savic v Kim [2010] NSWSC 1401 Singer v Berghouse [1994] HCA 40 Williams v Legg (1993) 29 NSWLR 687 Category: Principal judgment Parties: Cheryl Medlock v Lorraine Cram Representation: Counsel: Mr R K Weaver for plaintiff Mr L Ellison SC for defendant Solicitors: Higgins Lawyers for plaintiff Lewis & McKinnon for defendant File Number(s): 2010/223572

Judgment 1This is an application by the plaintiff under the Succession Act 2006 in respect of the estate Stella Ellen Crane who died on 10 July 2009 aged 88 years. Her husband, Lloyd Crane, had predeceased her in 1991. They had three children. Her two daughters, Lorraine and Beverley, survived the deceased . Their son Leon died in February 2007. 2The plaintiff is the deceased granddaughter and a daughter of the deceased's son Leon. The defendant, Lorraine Cram, is a daughter of the deceased.