Fulton v Fulton [2014] NSWSC 619

Supreme Court New South Wales

Medium Neutral Citation: Fulton v Fulton [2014] NSWSC 619 Hearing dates: 7, 8, 9, 10 April 2014 Decision date: 22 May 2014 Jurisdiction: Equity Division Before: Hallen J Decision: Direct the parties to prepare Short Minutes of Order within 14 days giving effect to these reasons, and if they are not able to agree, to provide competing versions thereof. Stand the matter over to a date convenient to the parties and the court for the making of orders and for determining the question of interest, if any, payable by the Defendants and costs in the event agreement cannot be reached. Catchwords: ADMINISTRATION OF ESTATE OF DECEASED - Amounts claimed by the Plaintiffs, who are named executors of the Will of the deceased to whom Probate granted, as moneys alleged to have been wrongfully withdrawn, by their brother and sister-in-law during the lifetime of the deceased, out of bank accounts conducted by him - Agreement reached at the hearing as to quantum of the amounts withdrawn but not liability of the Defendants, or any of them, to repay any part of, those amounts - Defendants assert authority, oral or in writing, given by the deceased, or otherwise that they were gifts by the deceased to them or alternatively "an advance on inheritance" - Amount that should be repaid to the estate - Whether interest on the amounts withdrawn and to be repaid should be paid, and if so, from what date and at what rate

SUCCESSION - CONSTRUCTION OF WILL - Whether the deceased intended to make dispositive provision in Will in favour of his son and daughter-in-law or whether the terms of the Clause explain reasons for making no provision for his son or otherwise