Carney v Jones [2012] NSWSC 352

Supreme Court New South Wales

Medium Neutral Citation: Carney v Jones [2012] NSWSC 352 Hearing dates: 19/03/12 Decision date: 20 March 2012 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: (1)The orders that I make are that in lieu of the legacies provided to them in the will of the deceased, that Alva Griffiths receive a legacy of $80,000 and that Clement Jones receives a legacy of $50,000. Interest is to run on the legacies at the rate provided for in the Probate and Administration Act 1898 from three months from today's date. (2)The plaintiffs' costs on a party/party basis and the defendant on an indemnity basis will be paid or retained out of the estate. (3)The exhibits can be returned. Catchwords: WILLS AND ESTATES - Succession Act 2006 - application for family provision order by two foster children of the deceased, Clement Jones and Alva Griffiths.Judith Carney has settled her claim and is no longer in the proceedings - legacies left to plaintiffs and residue to natural son of the deceased - in lieu of the legacies further provisions ordered Legislation Cited: Family Provision Act 1982 Probate and Administration Act 1898 Succession Act 2006 Cases Cited: Gorton v Parks (1989) 17 NSWLR 1 Nicholls v Hall (2007) NSW 356 Pontifical Society for the Propagation of the Faith v Scales (Scales' case) (1962) 107 CLR 9 Re Fulop Deceased (1987) 8 NSWLR 679 Singer v Berghouse (19412) 181 CLR 201 Category: Principal judgment Parties: Judith Anne Carney (claim settled), Clement Richard Jones and Alva Mary Griffiths v Russell Jones Representation: Counsel: Mr A Hill for Clement Jones and Alva Griffiths Mr C Hodgson for defendant Solicitors: Adrian Holmes Lawyer for Judith Carney File Number(s): 2010/385604