Shields v Shields [2012] NSWSC 1507

Supreme Court New South Wales

Medium Neutral Citation: Shields v Shields [2012] NSWSC 1507 Hearing dates: 13 November 2012 Decision date: 07 December 2012 Jurisdiction: Equity Division Before: Macready AsJ Decision: 1)Plaintiff to receive a legacy of $60,000 from the estate of the late Dorothy Sheezel. 2)Such legacy is to bear interest at the rate provided for in the Probate and Administration Act 1898 from three months after this judgment. 3)Parties to be heard on costs. Catchwords: SUCCESSION - family provision and maintenance - failure by testator to make adequate provision for applicant - no distribution made - expenditure by trustees after notice of claim imprudent - inadequate provision made for plaintiff Legislation Cited: Family Provision Act 1982 Succession Act 2006 Trustee Act 1925 Uniform Civil Procedure Rules 2006 Cases Cited: Andrew v Andrew [2012] NSWCA 308 Carroll v Cowburn [2003] NSWSC 248 D'Albora v D'Albora [1999] NSWSC 468 Ford v Simes [2009] NSWCA 351 Garrett v Yiasemides [2004] NSWSC 828 Sheriff, In the Will of [1971] 2 NSWLR 438 Singer v Berghouse (1994) 181 CLR 201 Taylor v Farrugia [2009] NSWSC 801 Texts Cited: Jacob's Law of Trusts in Australia, 7th ed (2006), LexisNexis Butterworths Category: Principal judgment Parties: Charles Shields (Plaintiff) Rodney Shields (1st Defendant) Julian Marcus Sheezel (2nd Defendant) Richard James Shields (3rd Defendant) Timothy Paul Sheezel (4th Defendant) Representation: D M Flaherty (Plaintiff) S Docker (Defendants) R Christie (Christie Law) (Plaintiff) B Djekovic (Djekovic Hearne & Walker) (Defendants) File Number(s): 2012/144697