Bouttell v Rapisarda [2014] NSWSC 1192

Supreme Court New South Wales

Medium Neutral Citation: Bouttell v Rapisarda [2014] NSWSC 1192 Hearing dates: 26/08/2014 and 27/08/2014 Decision date: 27 August 2014 Jurisdiction: Equity Division Before: McDougall J Decision: Plaintiff to have a legacy of $300,000 in place of the provision made for her by the deceased's will. Usual costs order. Parties to bring in short minutes of order. Catchwords: SUCCESSION - Family provision - claim made by widow of the deceased - whether adequate and proper provision made in will of the deceased - where deceased provided right of residence to the widow in will - where completing claims by two young adult children of former marriage - what provision ought to be made for widow of deceased - whether provision ought to be made as percentage or lump sum legacy - what amount of legacy ought to be made. Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Teubner v Humble (1963) 108 CLR 491 Category: Principal judgment Parties: Tania Jacqueline Boutell (Plaintiff) Alfio Rapisarda (Defendant) Representation: Counsel: RE Quickenden (Plaintiff) A Lakeman (Defendant) Solicitors: Felicio Law Firm (Plaintiff) J.J. Lees & Associates (Defendant) File Number(s): 2013/219079

Judgment (ex tempore - revised 27 august 2014) 1HIS HONOUR: Shane Anthony Bouttell (the deceased) died on 15 September 2012. He left a net estate, before costs, of a little over $760,000. The substantial assets comprised a house at Stephen Close, Green Point, on the Central Coast of New South Wales; shares in listed companies; and money at bank. 2By his will made on 14 July 2012, the deceased left his estate on trusts including that his widow, the plaintiff (Ms Bouttell), might live in the Stephen Close property subject to certain conditions, and thereafter (apart from some small legacies and specific bequests) on trust for accumulation for the benefit of his children by his first marriage. Those children are Luke, now aged 20 and Dylan, now aged 18.