Debbie Anne Oates v Hubertus Peter Breuer [2011] NSWSC 1354

Supreme Court New South Wales

Medium Neutral Citation: Debbie Anne Oates v Hubertus Peter Breuer [2011] NSWSC 1354 Hearing dates: 3 and 4 November 2011 Decision date: 04 November 2011 Jurisdiction: Equity Division - Probate List Before: Bryson AJ Decision: Probate granted of copy of lost will. Family Provision claim dismissed. See [59], [65]. Catchwords: SUCCESSION - Probate - lost will - deceased communicated through her sister with her solicitor for will to be prepared - solicitor was (long estranged) husband of sister - will contained significant benefits for sister - husband not informed of will although relationship was good - suspicious circumstances required vigilant consideration of evidence of solicitor and of sister - found that their evidence should be accepted and the will expressed intentions of the deceased - dispositions in will were proved by electronic copy - found, evidence of sister and of solicitor accepted, copy admitted to probate. Decision on facts. FAMILY PROVISION - claim by husband - deceased wife left ING deposit $265,601.78 to her sister - other minor assets worth several thousand dollars - husband aged 57 sought Family Provision order - after long career with Qantas as baggage handler, now on light duties after severe permanent work injury to shoulder - low income, less than outgoings - superannuation $319,836, to retire in 4.5 years - owned town house worth $505,000 and beach house worth $590,000 - no significant savings or debts, no dependants - held, not left without adequate provision, order refused. Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Nock v Austin (1918) 25 CLR 519 Blundell v Curvers [1999] NSWCA 421 Texts Cited: Nil Category: Principal judgment Parties: Debbie Anne Oates (Plaintiff) Hubertus Peter Breuer (Defendant) Representation: DM Flaherty (Plaintiff) AL Hill (Defendant) Boyd Lawyers (Plaintiff) Foulsham & Geddes Solicitors (Defendant) File Number(s): 2011/198206