Matthews v Wear [2011] NSWSC 1145

Supreme Court New South Wales

Medium Neutral Citation: Matthews v Wear [2011] NSWSC 1145 Hearing dates: 19 September 2011 Decision date: 20 September 2011 Before: Associate Justice Macready Decision: I order the plaintiff receive a legacy of $150,000. Catchwords: WILLS AND ESTATES - family provision claim - relationship with the deceased - estrangement - relationship after 1962 was very limited and there was only ever one face to face meeting - financial resources and needs of claimant - claimant's was effectively to refurbish a new debt-free home which was not appropriate, however smaller provision made - nature and extent of estate - competing claims or interests Legislation Cited: Family Provision Act 1982 Cases Cited: Foley v Ellis [2008] NSWCA 288 McGrath v Eves [2005] NSWSC 2006 Singer v Berghouse (1994) 181 CLR 201 Wentworth v Wentworth (NSWSC, 14 June 1991, unreported) Category: Principal judgment Parties: Ian Kenneth Matthews (plaintiff) Thomas Stanley Wear - Estate of the Late Phyllis Marks (defendant) Representation: Mr D Liebhold for plaintiff Mr L Ellison SC for defendant Solicitors: Eddy Neumann for plaintiff Crane Paskins Law for defendant File Number(s): 2010/00065662

Judgment 1HIS HONOUR: This is an application under the Family Provision Act 1982 in respect of the estate of the late Phyllis May Marks who died on 5 September 2008 aged 94 years. She was survived by her adopted son, the plaintiff in the proceedings.