Graham Davis v Ian Andrew Davis; Robyn Davis by Her Tutor Sandra Arnold v Ian Andrew Davis as the executor of the estate of the late John Joseph Davis [2012] NSWSC 201

Supreme Court New South Wales

Medium Neutral Citation: Graham Davis v Ian Andrew Davis; Robyn Davis by Her Tutor Sandra Arnold v Ian Andrew Davis as the executor of the estate of the late John Joseph Davis [2012] NSWSC 201 Hearing dates: 27 February 2012, 1 March 2012 Decision date: 07 March 2012 Before: Slattery J Decision: In the Family Provision Act proceedings, order for provision from the estate of the deceased of a legacy of $100,000 (or a third of the deceased's estate, whichever is the greater) made. In the administration proceedings, orders made for the sale of the real estate, the sole asset of the estate. Directions given for the further determination of whether the probate granted to the defendant, the executor of the estate, should be revoked. Catchwords: EQUITY - Succession - Family Provision - deceased makes provision for intellectually disabled daughter - Whether provision made is adequate for the daughter's proper maintenance, education and advancement in life. PROBATE AND ADMINISTRATION - whether estate has been properly administered - delay in selling estate property - whether orders should be made for the sale of the single asset in the estate, a residential property. Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Family Provision Act 1982 (NSW) Guardianship Act 1987 (NSW) Social Security Act 1991 (Cth) Trustee Act 1925 (NSW) Cases Cited: Anderson v Teboneras [1990] VR 527 Bar-Mordecai v Hillston [2004] NSWCA 65 Bates v Messner (1967) 67 SR (NSW) 187 In the Goods of Loveday (1900) P 154 Lewis v Lewis [2001] NSWSC 321 Mavriderdos v Mack (1998) 45 NSWLR 80 McCathie v Taxation (1944) 69 CLR 1 Perpetual Trustee Co Ltd v Noyes (1925) 42 WN (NSW) 56 Pogorzelska v Kazas - Rogaris [2010] NSWSC 1436 Sullivan v Craig [2008] NSWSC 1189 Taylor v Farrugia [2009] NSWSC 801 Tchadovitch v Tchadovitch [2010] NSWCA 316 Category: Principal judgment Parties: Plaintiff:- Graham Davis Defendant:- Ian Andrew Davis Plaintff:- Robyn Davis by Her Tutor Sandra Arnold Defendant:- Ian Andrew Davis as the executor of the estate of the late John Joseph Davis Representation: For Robyn Davis:- P. Lane For Graham Davis:- D. Alexander For Ian Davis:- in person For Robyn Davis:- Brian Sandlands For Graham Davis:- Peter Williamson File Number(s): 2011/00048414; 2011/00229648 Publication restriction: No