Helm v Helm [2011] NSWSC 377

Supreme Court New South Wales

Medium Neutral Citation: Helm v Helm [2011] NSWSC 377 Hearing dates: Tuesday 19 April 2011 Decision date: 04 May 2011 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: 1. The plaintiff receives a legacy of $75,000 out of the estate of the deceased. 2. The plaintiff's costs on the ordinary basis and the defendants' costs on an indemnity basis are to 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 - contributions by the applicant - applicant the deceased's adult son contributed to purchase price of family home - applicant estranged from deceased for 14 years Legislation Cited: Family Provision Act 1982 Probate and Administration Act 1898 Cases Cited: Foley v Ellis [2008] NSWCA 288 Kay v Archbold [2008] NSWSC 254 Singer v Berghouse (1994) 181 CLR 201 Wheatley v Wheatley [2006] NSWCA 262 Category: Principal judgment Parties: Peter John Helm v James Francis Helm & Gail Pringle Representation: Counsel: Mr N Bilinsky for plaintiff Mr E Finnane for defendant Solicitors: John Conti for plaintiff Dalton Lawyers for defendant File Number(s): 2010/2367767

Judgment 1This is an application under the Family Provision Act 1982 in respect of the estate of the late James Patrick Joseph Helm who died on 29 December 2008 aged 96 years. The deceased was survived by his eight children, three of whom are parties to the present proceedings. The deceased's wife predeceased him. Notice has been given to the other five children under the Act and they do not make a claim.