Estate Morris: Grady v Deavin [2014] NSWSC 1034

Supreme Court New South Wales

Medium Neutral Citation: Estate Morris: Grady v Deavin [2014] NSWSC 1034 Hearing dates: 28, 29 and 30 July 2014 Decision date: 31 July 2014 Jurisdiction: Equity Division Before: Lindsay J Decision: Order that time for the making of a family provision application be extended, and that the plaintiff be granted a legacy of $350,000 Catchwords: SUCCESSION - Family Provision and Maintenance - Failure by Testator to Make Sufficient Provision - Former de facto partner - provision made Legislation Cited: De facto Relationships Act 1984 NSW Probate and Administration Act 1898 NSW Succession Act 2006 NSW, ss 59(2), 60 Cases Cited: Andrew v Andrew (2012) 81 NSWLR 656 Churton v Christian (1988) 13 NSWLR 241 at 254C) Dare Furness (1997) 44 NSWLR 493 at 500C Durham v Durham (2011) 80 NSWLR 335 at [39] In re Salmon, Deceased [1981] Ch 167 at 175B Re Fulop Deceased (1987) 8 NSWLR 679 at 681C-E: factors Re Guskett [1947] VLR 212 at 214 Thomas v Pickering [2011] NSWSC 572 at [84]-[90]) Warren v McKnight (1996) 40 NSWLR 390 at 394E Category: Principal judgment Parties: Yvette May Grady (Plaintiff) Anthony Deavin (Defendant) Representation: Counsel: L Ellison SC and N Bilinsky (Plaintiff) J Sexton SC and P Knowles (Defendant) Solicitors: Betar Lawyers (Plaintiff) Simpson Freed Lawyers (Defendant) File Number(s): 2013/174378