Tucker v Tucker [2012] NSWSC 1302

Supreme Court New South Wales

Medium Neutral Citation: Tucker v Tucker [2012] NSWSC 1302 Hearing dates: 13 December 2012 Decision date: 14 December 2012 Jurisdiction: Equity Division Before: Macready AsJ Decision: (1) Plaintiff receive a pecuniary legacy of $385,000 to be charged, firstly, on residue and, secondly, on the legacies passing to the legatees under the will other than the Defendant (2) Parties to exchange submissions and ideas about the form of the trust and submit them by the end of the first week of February. Catchwords: SUCCESSION - family provision and maintenance - wife of 48 years discretionary beneficiary under testamentary trust - whether to award pecuniary legacy Legislation Cited: Probate and Administration Act 1898 Succession Act 2006 Cases Cited: Andrew v Andrew [2012] NSWCA 308 Calverly v Green (1984) 155 CLR 242 Gregory v Hudson (No 2) [1997] NSWSC 413 Singer v Berghouse (1994) 181 CLR 201 Texts Cited: New South Wales, Law Reform Commission, Report 124 Uniform succession laws: Administration of Estates of Deceased Persons (December 2009) Category: Principal judgment Parties: Anne Tucker (Plaintiff Warren Frederick Tucker (Defendant) Representation: Counsel: P Blackburn-Hart SC (Plaintiff) L Ellison SC (Defendant) Solicitors: TessCox Lawyers (Plaintiff) Ian Donald Ferguson (Defendant) File Number(s): 2012/153710