Judith Evelyn Hockey v Richard Matthew Hockey and Lorraine Frances Hockey as executors and trustees of the Estate of Lloyd Roland Hockey [2016] NSWSC 426

Supreme Court New South Wales

Medium Neutral Citation: Judith Evelyn Hockey v Richard Matthew Hockey and Lorraine Frances Hockey as executors and trustees of the Estate of Lloyd Roland Hockey [2016] NSWSC 426 Hearing dates: Friday, 12 February 2016 Date of orders: 12 February 2016 Decision date: 12 February 2016 Jurisdiction: Equity - Family Provision List Before: Brereton J Decision: Beneficiaries joined as third and fourth defendants to enable them to cross-apply for a family provision order Catchwords: SUCCESSION – family provision – approval of compromise - where beneficiaries affected by proposed orders are disable persons – where interest of disable persons under will is proposed to be converted into cash to be held on trusts and by trustees different from those created and appointed under will – whether such orders can be made as ancillary orders under (NSW) Succession Act s 66(2) – held, they cannot – where proposed trustee is parent of beneficiary - whether court would appoint parent as trustee for child – held, as a matter of general policy it would not but appointment of a co-trustee might resolve this – necessity for evidence that proposed trustee understands role of trustee and purpose of trust Legislation Cited: (NSW) Civil Procedure Act 2005, s 76 (NSW) Succession Act 2006, s 66(2), s 95 Category: Procedural and other rulings Parties: Judith Evelyn Hockey (plaintiff) Richard Matthew Hockey and Lorraine Frances Hockey as executors of the Estate of Lloyd Roland Hockey (defendants) Representation: Counsel: S O'Brien (plaintiff) P Strasser (defendant) K Morrissey (by leave for disabled beneficiaries)