Barter v Barter [2011] NSWSC 393

Supreme Court New South Wales

Medium Neutral Citation: Barter v Barter [2011] NSWSC 393 Hearing dates: Monday 18 April 2011 Decision date: 09 May 2011 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: I direct the parties to bring in short minutes. Catchwords: WILLS AND ESTATES - family provision claim - nature and extent of estate - deceased left property to two adult sons free of all encumbrances - on death of deceased property was sold and the whole sale price was used to pay out the liabilities of the estate - plaintiff left residue of estate Legislation Cited: Succession Act 2006 Cases Cited: Singer v Berghouse (1994) 181 CLR 201 Category: Principal judgment Parties: Gai Barter v Shannon Barter Representation: Counsel: Mr M Gorrick for plaintiff Mr J Priestley for defendant File Number(s): 2010/97031

Judgme nt 1This is an application under the Succession Act 2006 in respect of the estate of the late Donald Arthur Barter who died on 4 May 2009 aged 61. The deceased was survived by his widow, the plaintiff, Gai Barter and two sons, from his first marriage, Shannon and Slade Barter.

The Will 2The deceased's will is dated 12 September 2007. He appointed Gai executor and trustee and she has taken out probate. Under his will, the deceased gave his two sons, Shannon and Slade his property at Gunyama Crescent, Nowra, free of all incumbrances as tenants in common in equal shares or a legacy to each of them equal to one half of the gross sale price if the property was sold by his executor. The deceased gave legacies of $10,000 to each of Gai's children, Daniella Aquilina and Benjamin Aquilina who had been living with him and Gai. The deceased left the residue of his estate to Gai.