AB v Curry & Anor [2015] NSWSC 1063

Supreme Court New South Wales

Medium Neutral Citation: AB v Curry & Anor [2015] NSWSC 1063 Hearing dates: 21 July 2015 Decision date: 22 July 2015 Jurisdiction: Common Law Before: White J Decision: Refer to paras [119], [124] and [125] of judgment Catchwords: WILLS, PROBATE AND ADMINISTRATION – family provision – claim for greater provision out of the deceased's estate by her adult foster child – executors agreed that the plaintiff is an eligible person, that there were factors warranting her application and that inadequate provision was made for her – whether plaintiff should be entitled to the whole of the small estate – consideration of factors relevant to increased provision – held that increased provision should be made, but not the whole or most of the estate Legislation Cited: Probate and Administration Act 1898 (NSW) Succession Act 2006 (NSW) Victims Rights and Support Act 2013 (NSW) Cases Cited: Burke v Burke [2015] NSWSC 195 Hamilton v Moir [2013] NSWSC 1200 Kleinig v Neal (No 2) [1981] 2 NSWLR 532 Mayfield v Lloyd-Williams [2004] NSWSC 419 McGrath v Eves [2005] NSWSC 1006 Plunkett v Bull (1915) 19 CLR 544 Slack v Rogan [2013] NSWSC 522; (2013) 85 NSWLR 253 Taylor v Farrugia [2009] NSWSC 801 Category: Principal judgment Parties: AB (Plaintiff) Aileen Esme Curry (1st Defendant) Juliet Anna Greentree (2nd Defendant) Representation: Counsel: L Ang (Plaintiff) K Morrissey with L Clarke (Defendants)