Marea Therese Jordan-Watt v Rebecca Elizabeth Riordan; In the Estate of Ned William Jordan [2013] NSWSC 1132

Supreme Court New South Wales

Medium Neutral Citation: Marea Therese Jordan-Watt v Rebecca Elizabeth Riordan; In the Estate of Ned William Jordan [2013] NSWSC 1132 Hearing dates: 5 & 6 November 2012 Decision date: 16 August 2013 Before: Slattery J Decision: Order for provision in favour of the plaintiff made out of the estate of the late Ned William Jordan Catchwords: SUCCESSION - family provision and maintenance - plaintiff married to testator for 27 years - plaintiff and testator separate two years before his death - no approved settlement under the Family Law Act before his death - his will declares she "has already been generously provided for" and makes no provision for her -whole estate given in equal shares to the two children of testator's first marriage and his three children with the plaintiff - whether adequate provision made for the plaintiff out of the estate of the deceased - whether an order for provision should be made out of the estate of the deceased, under Succession Act 2006 s 59, and if so what order should be made. Legislation Cited: Family Provision Act 1982 Succession Act 2006 s 57, s 59, s 60, s 66 Cases Cited: Andrew v Andrew [2012] NSWCA 308 Drury v Smith [2012] NSWSC 1067 Evans v Levy [2011] NSWCA 125 Kalmar v Kalmar [2006] NSWSC 437 Luciano v Rosenblum (1985) 2 NSWLR 65 Palmer v Dolman [2005] NSWCA 361 Re Clissold (decd) & Testator's Family Maintenance Act [1970] 2 NSWR 619 Scott v Scott [2009] NSWSC 567 Singer v Berghouse (No. 2) (1994) 181 CLR 201 Sturits v Nicholls (No 2) [2011] NSWSC 865 Category: Principal judgment Parties: Plaintiff:- Marea Therese Jordan-Watt Defendant:- Rebecca Elizabeth Riordan Representation: Counsel: Plaintiff:- P. O'Loughlin Defendant:- M. Bridger Solicitors: Plaintiff:- Brian Maker, Newnhams Solicitors Defendant:- Michael Bray, Bray Jackson & Co File Number(s): 2011/304797 Publication restriction: No