Anne Marie McKenzie v Paul Lucas & Anor; Katrina Marie McKenzie v Paul Lucas & Anor [2011] NSWSC 1012

Supreme Court New South Wales

Medium Neutral Citation: Anne Marie McKenzie v Paul Lucas & Anor; Katrina Marie McKenzie v Paul Lucas & Anor [2011] NSWSC 1012 Hearing dates: 27, 28 June 2011 Decision date: 29 August 2011 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: Parties to bring in short minutes. Catchwords: WILLS AND ESTATES - family provision claim - claimant maintained by deceased before death; whether - first claimant was wife of deceased but they had separated about 20 years earlier - disability of claimant - second claimant had serious health issues to take into account - financial resources and needs of claimant -discretionary considerations - forgiveness of debts owed to the estate - evidence of testamentary intention - deceased left a letter of wishes -- large estate Legislation Cited: Family Provision Act 1982 Cases Cited: Anasson v Phillips (NSSC, Young J, 4 March 1988, unreported) Bosch v Perpetual Trustee (1938) AC 463 Kleinig v Neal (1981) 2 NSWLR 532 Singer v Berghouse [1994] HCA 40 Re Scales; Pontifical Society for the Propagation of Faith v Scales [1963] Qd R 301 Scott v Scott [2009] NSWSC 567 Tchadovitch v Tchadovitch [2009] NSWSC 1398 Tchadovitch v Tchadovitch [2010] NSWCA 316 Category: Principal judgment Parties: 2008/00282048 Plaintiff - Anne Marie McKenzie Defendant 1 - Paul Lucas Defendant 2 - Roderick Dhu Cumming Defendant 3 - Susan Dewing (deceased) Defendant 4 - Slackks P/L as Trustee of the McKenzie Family Trust Defendant 5 - Brian Dewing as Executor of the Estate of Late Susan Dewing