Ryan v NSW Trustee & Guardian [2011] NSWSC 319

Supreme Court New South Wales

Medium Neutral Citation: Ryan v NSW Trustee & Guardian [2011] NSWSC 319 Hearing dates: Friday 1 April 2011 Decision date: 18 April 2011 Before: Associate Justice Macready Decision: See paragraph 49. Catchwords: WILLS AND ESTATES - family provision claim by three of the deceased's 10 children for further provision out of the deceased's very small estate. Order for further provision made. Legislation Cited: Family Provision Act 1982 Cases Cited: Savic v Kim [2010] NSWSC 1401 Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 Category: Principal judgment Parties: Travis Alexander Ryan & Ors v NSW Trustee & Guardian Representation: Counsel: Mr B Townsend for plaintiff Ms V Hartstein and Mr S Feredoes for deft. Solicitors: Tieli Blazland Lawyers for plaintiff NSW Trustee & Guardian File Number(s): 2009/00287381

Judgment 1This is an application under the Family Provision Act 1982 in respect of the estate of the late Edwin Lawrence Ryan who died intestate on 12 August 2007 aged 61 years. The deceased was survived by a former wife, three defacto partners and at least 10 children. 2The three plaintiffs are the deceased's three youngest children, Travis aged 13, Caitlin aged 11 and Russell aged 10 years. The plaintiffs' mother Kim Maria Skinner, who is their tutor in the proceedings and the most recent of the deceased's defacto partners, brings the claim .

Entitlement 3Since the deceased died intestate and having regard to the various people who have survived the deceased, the estate will pass equally to his children. There are at least 10 children as there is the suggestion by the plaintiffs' tutor, Kim Skinner, that there was another child named Anthony Dootson. The tutor gave Anthony's address to the defendant who obtained a grant of letters of administration in the estate. After giving notice to Anthony, there was no response and there is no information available from the defendant to prove that in fact he was a child of the deceased. 4The deceased's former wife is Rita Santos. Various searches have been made under her name and other names she may have used and I am satisfied that it is not practicable to give notice to her.