Phegan v Hynes [2011] NSWSC 246

Supreme Court New South Wales

Medium Neutral Citation: Phegan v Hynes [2011] NSWSC 246 Hearing dates: 22 March 2011 Decision date: 24 March 2011 Jurisdiction: Equity Division - Probate List Before: Associate Justice Macready Decision: 1. The plaintiff is to receive a legacy out of the estate of the deceased in the sum of $420,000 in lieu of the provision for her in the will of the deceased. 2. The residue of the estate of the deceased is to pass to the defendant and Geoffrey Allan Phegan in equal shares. 3. The plaintiff's costs on the ordinary basis and the defendant's costs on an indemnity basis are to be paid or retained out of the estate of the deceased. 4. Interest is to run at the rate provided under the Probate and Administration Act 1898 from three months from the date of this judgment. Catchwords: Family Provision. Application by foster child. Poor quality relationship with parents. Increase in provision ordered. No question of principle. Category: Principal judgment Parties: JULIE ANNE PHEGAN v GAIL ANNETTE HYNES Representation: Mr KF Morrissey for plaintiff GHS Legal for plaintiff File Number(s): 2010/150100

Judgment 1HIS HONOUR: This is an application under the Succession Act 2006 in respect of the estate of the late Lionel Gregory Phegan who died on 6 February 2010. He was survived by his two children, one of whom is the defendant, and his foster daughter who is the plaintiff.

The will of the deceased 2The deceased's last will was made on 18 December 2009 and he appointed the defendant his executrix. He had devised his house in Bay Road, Long Beach on the New South Wales south coast to the defendant and his son Geoffrey Allan Phegan in equal shares. The residue was divided equally between the plaintiff, his foster daughter and his two children. 3There was an earlier will in 1995 which left all of the estate to the three of them equally.