NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Estate Raineri [2016] NSWSC 489 Hearing dates: 21 April 2016 Date of orders: 22 April 2016 Decision date: 22 April 2016 Jurisdiction: Equity - Family Provision List Before: Lindsay J Decision: Two applications for family provision relief (one by an adult daughter, the other by an adult son) both dismissed in circumstances in which each applicant was allowed 20% of their mother's estate (with an estimated value of $1.8 million), the remaining 60% given to a third adult child by the will of the deceased Catchwords: SUCCESSION – Family Provision – Requirement for adequate and proper maintenance - Whether applicant left with insufficient provision – Claims by adult children – Court not satisfied applicants left without adequate provision – Applications for family provision relief dismissed Legislation Cited: Succession Act 2006 NSW Cases Cited: Andrew v Andrew (2012) 81 NSWLR 656) Comernik v Reholc [2012] NSWSC 1537) Gorton v Parks (1989) 17 NSWLR 1 at 9B-C Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR 9 at 11 Smith v Johnson [2015] NSWCA 297 Texts Cited: - Category: Principal judgment Parties: First Plaintiff: Angela Silvestro Second Plaintiff: Giuseppe Raineri Defendant: Filippo Raineri as Executor of the Estate of Carmela Raineri, Deceased Representation: Counsel: Plaintiffs: L Ellison SC Defendant: JD Beck
Solicitors: Plaintiffs: Vizzone Ruggero Twigg Lawyers Defendant: Egisto Solicitors File Number(s): 2015/00139814
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