Neale v Neale [2015] NSWCA 206

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Neale v Neale [2015] NSWCA 206 Hearing dates: 11 June 2015 Decision date: 17 July 2015 Before: Basten JA at [1]; Macfarlan JA at [41]; Gleeson JA at [42] Decision: (1) Dismiss the appeal.

(2) Order that the appellant pay the respondents' costs in this court. Catchwords: SUCCESSION – family provision – application by adult children of earlier marriage – deceased left entirety of his estate to his widow – no provision made for his children from first marriage – previously the children forwent part of their grandmother's estate in favour of deceased – deceased promised to make provision for them – whether court entitled to take into account the children's expectation resulting from the representation – whether foregoing part of the grandmother's estate a discharge of moral obligation to deceased and thus a reason not to make – Succession Act 2006 (NSW), s 60(2)(a) and (b)

SUCCESSION – family provision – adult children with demonstrated financial needs – widow with competing claims to the estate – whether trial judge properly balanced competing claims – whether judge erred in his discretion finding the widow was financially "relatively secure" Legislation Cited: Civil Procedure Act 2005 (NSW), ss 60, 98 Succession Act 2006 (NSW), ss 58, 60; Pt 3.2 Cases Cited: Luciano v Rosenblum (1985) 2 NSWLR 65 Category: Principal judgment Parties: Sandra Cheryl Neale (Appellant) Craig Russell Neale (First Respondent) Michelle-Maree Best (Second Respondent) Representation: Counsel: L Ellison SC/A M Hawkins (Appellant) S A Wells (Respondents)