Estate Pascale [2016] NSWSC 443

Supreme Court New South Wales

Medium Neutral Citation: Estate Pascale [2016] NSWSC 443 Hearing dates: 11 and 12 April 2016 Date of orders: 15 April 2016 Decision date: 15 April 2016 Jurisdiction: Equity - Family Provision List Before: Lindsay J Decision: (1) Family provision orders made for the deceased's former de facto partner to receive a legacy of $100,000 (in lieu of $10,000 under his will) and for two adult children each to receive a legacy of $60,000. (2) Orders for costs payable out of the estate to be capped. (3) Consequential orders adjusting the rights of a residuary beneficiary. Catchwords: SUCCESSION – Family Provision – Whether applicant left with insufficient provision – Claims by former partner and adult children – Competing claims of widow and minor child – Orders made capping costs payable out of estate Legislation Cited: Family Provision Act 1982 NSW Interpretation Act 1987 Succession Act 2006 NSW Cases Cited: Andrew v Andrew (2012) 81 NSWLR 656) Burke v Burke [2015] NSWCA 195 at [101]-[103] Churton v Christian (1988) 13 NSWLR 241 at 252 A-E In re Allen, Deceased [1922] NZLR 218 at 220) Luciano v Rosenblum (1985) 2 NSWLR 65 at 69G-70A Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR 9 at 20 Re Fulop deceased (1987) 8 NSWLR 679 Texts Cited: - Category: Principal judgment Parties: Plaintiff (2015/00090868): Hong Gao Plaintiff (2015/00171373): Jean-Louis Pascale Plaintiff (2015/00233467): Patricia Pascale Defendant: John Anthony Picone Representation: Counsel: Plaintiff (Hong Gao): T Morahan Plaintiff (Jean-Louis Pascale): S Chapple Plaintiff (Patricia Pascale): J Brown Defendant: AL Hill