Estate of May Berry, deceased [2016] NSWSC 130

Supreme Court New South Wales

Medium Neutral Citation: Estate of May Berry, deceased [2016] NSWSC 130 Hearing dates: 16-17 February 2016 Date of orders: 18 February 2016 Decision date: 18 February 2016 Jurisdiction: Equity Before: Lindsay J Decision: (1) Each of two plaintiffs (adult daughters of the deceased) awarded family provision relief in a sum calculated to be $50,000 in excess of their specified share (with an estimated value of $175,000) in the estate of the deceased. (2) Each of the plaintiffs awarded costs out of the estate, assessed on the ordinary basis, despite the defendant's service of offers of compromise, in one case at the level of relief granted and, in the other, above it. Catchwords: SUCCESSION – Family Provision – Adult daughters of testatrix – Large family, with multiple moral claims on bounty of deceased – Element of estrangement not a bar to relief – Increased provision made to meet needs – Modest allowances only Legislation Cited: Civil Procedure Act 2005 NSW Succession Act 2006 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: Andrew v Andrew (2012) 81 NSWLR 656 Bruce v Greentree [2015] NSWSC 1611 Burke v Burke [2015] NSWCA 195 Calderbank v Calderbank [1975] 3 All ER 333 Harkness v Harkness (No 2) [2012] NSWSC 35 Category: Principal judgment Parties: 2014/166897 Sandra Nicholls (P) Eric Berry (D) 2014/305184 Dianne Figueiredo (P) Eric Joseph Berry (D) Representation: Counsel: S Chapple (for Sandra Nicholls) M Thompson (for Dianne Figueiredo) D Liebhold (for Eric Joseph Berry) Solicitors: Stacks Law (for Sandra Nicholls) Gerard Malouf & Partners (for Dianne Figueiredo) Owen Hodge Lawyers (for Eric Joseph Berry) File Number(s): 2013/00265620 ("The Estate of May Berry")2014/00166897 ("Sandra Nicholls v Eric Berry")2014/00305184 ("Diane Figueiredo v Eric Joseph Berry")