Keogh v Fayers [2011] NSWSC 1010

Supreme Court New South Wales

Medium Neutral Citation: Keogh v Fayers [2011] NSWSC 1010 Hearing dates: 25 August 2011 Decision date: 25 August 2011 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: I make orders in the form of the short minutes which I will sign and date and place with the papers. Liberty to restore the matter to the list for further consideration in the event that there is any difficulty in the implementation of any of those orders. Catchwords: WILLS AND ESTATES - family provision claim - disability of claimant Legislation Cited: Succession Act 2006 Cases Cited: Singer v Berghouse [1994] HCA 40 Category: Principal judgment Parties: Pamela Faye Keogh by her tutor Peter John Lewis Pearce Fayers (Plaintiff) Jeanette May Rice - estate of the late Ellen Jean Keogh (defendant) Representation: Counsel Mr CF Hodgson for plaintiff Solicitors L Rundle & Co for plaintiff File Number(s): 2010/00300580

Judgment 1HIS HONOUR: FILLIN "MATTER NUMBER AND NAME" \* MERGEFORMAT This is an application under the Succession Act 2006 in respect of the estate of the late Ellen Jean Keogh, who died on 18 October 2009. The plaintiff is one of her five surviving children, as is the defendant.

The will of the deceased 2The deceased's will was made on 11 January 2000 and she appointed the defendant as executrix. The relevant dispositive clauses are clauses 3 and 4, which are in these terms. "3. I give, devise and bequeath the whole of my estate of whatsoever nature and kind and wheresoever situate to my trustee upon trust to use such part of my estate as is necessary to provide reasonable accommodation for my daughter Pamela Faye Keogh for life and I give devise and bequeath the rest and residue of my estate including the life interest remainder to be divided equally between my children. 4. I declare that my trustee may advance the whole or any part of the capital or income of my estate to which an infant beneficiary might be entitled whether absolutely or contingently in or towards maintenance education and advancements or general welfare of any such infant beneficiary during his or her minority."