NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Barakett v Barakett [2016] NSWSC 1257 Hearing dates: 7, 8 and 9 October 2015 Decision date: 13 September 2016 Jurisdiction: Equity Before: White J Decision: Refer to para [77] of judgment. Catchwords: SUCCESSION — Probate — Grant of probate — Testamentary capacity – Knowledge and approval – No issue of principle — Probate granted in solemn form of the latter will; SUCCESSION — Family provision — Application for family provision order under Pt 3.2 of the Succession Act 2006 (NSW) — Applicant provided with right to reside in house and one-third of the estate under the terms of the will —Applicant's provision adequate for applicant's proper maintenance and advancement in life — Claim for provision dismissed – No issue of principle Legislation Cited: Protected Estates Act 1983 (NSW) Succession Act 2006 (NSW) Cases Cited: Crisp v Burns Philp Trustee Co Ltd (Supreme Court of New South Wales, Holland J, 18 December 1979, unreported) Gray v Hart; Re Estate of Harris (No. 2) [2012] NSWSC 1562 Texts Cited: Handler & Mason, Succession Law and Practice NSW [9433] Category: Principal judgment Parties: Elias Barakett (Plaintiff) Anthony Barakett (Defendant) Representation: Counsel: G Smith (Plaintiff) G George with J Bennett
Solicitors: Wilsons Solicitors, Attorneys & Conveyancers (Plaintiff) Reimer Winter Williamson Lawyers (Defendant) File Number(s): 2014/200179
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate