Barnsley v Riakos (The Estate of Ralph Hodgkinson Clark, late of Vaucluse) [2011] NSWSC 635

Supreme Court New South Wales

Medium Neutral Citation: Barnsley v Riakos (The Estate of Ralph Hodgkinson Clark, late of Vaucluse) [2011] NSWSC 635 Hearing dates: 24 and 25 May 2011 Decision date: 11 July 2011 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: (1) The plaintiff is to receive a legacy out of the estate of the Deceased of $825,000. (2) The plaintiff's costs on the ordinary basis and the defendants' costs on the 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 - competing claims or Interests - relationship with the Deceased - contributions by the Applicant - whether applicant and Deceased were in a defacto relationship - no provision had been made for applicant in Deceased's will - held that applicant in defacto relationship with Deceased for 16 years - Deceased's daughter, step-daughter grandchildren and step - grandchildren beneficiaries under the will - Deceased's step daughter executor but she and her children had been estranged from the Deceased for 9 years prior to his death - estrangement occurred over a Robert Mapplethorpe photography book that Deceased had lent to step-granddaughter - estrangement not fatal to step-daughter and step-grandchildren's claim - provision made for applicant defacto. Legislation Cited: Succession Act 2006 Interpretation Act 1987 Probate and Administration Act 1898 Cases Cited: Bladwell v Davis [2004] NSWCA 170 Dunk v Public Trustee [2003] NSWSC 37 Elliott v Elliott (New South Wales Supreme Court, 18 May 1984, unreported) Golosky v Golosky (5 October 1993, unreported) Luciano v Rosenblum (1985) 2 NSWLR 65 Marshall v Carruthers [2002] NSWCA 47 Ward v Anderson (New South Wales Supreme Court, Waddell CJ in Eq, 6 June 1989, unreported) Texts Cited: Encyclopaedia Britannica 1990 Britannica Book of the Year (1990) Category: Principal judgment Parties: Plaintiff - Susan Jane Barnsley Defendant - Suzanne Riakos Representation: Counsel: Plaintiff - Mr DM Flaherty Defendant - Mr JE Armfield Solicitors: Plaintiff - Swaab Attorneys Defendant - Butlers Will Dispute Lawyers File Number(s): 2010/00063861