Application by Craig-Bridges; The Estate of Ella Minnie Lillian Bush; The Estate of Ella Minnie Lillian Bush v NSW Trustee & Guardian [2016] NSWSC 1611

Supreme Court New South Wales

Medium Neutral Citation: Application by Craig-Bridges; The Estate of Ella Minnie Lillian Bush; The Estate of Ella Minnie Lillian Bush v NSW Trustee & Guardian [2016] NSWSC 1611 Hearing dates: 12, 13 and 14 October 2016 Decision date: 16 November 2016 Jurisdiction: Equity - Family Provision List Before: Stevenson J Decision: Deceased had testamentary capacity to make the Impugned Wills; provision to be made for the plaintiff equal to one fifth of the estate Catchwords: SUCCESSION – testamentary capacity – whether deceased had testamentary capacity at the time the deceased made her last three wills leaving her estate to two charities; SUCCESSION – family provision – claim by adult grandchild – assuming deceased had testamentary capacity whether no provision was proper provision for grandchild's adequate maintenance and benefit – what provision should be made Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Bailey v Bailey (1924) 34 CLR 558; HCA 21 Banks v Goodfellow (1870) LR 5 QB 549 Bowditch v NSW Trustee and Guardian [2012] NSWSC 275 Churton v Christian (1988) 13 NSWLR 241 Manning v Hughes – Estate of Ludewig [2010] NSWSC 226 Re Fulop Deceased (1987) 8 NSWLR 679 Re Griffith; Easter v Griffith (1995) 217 ALR 284 Re Hodges; Shorter v Hodges (1988) 14 NSWLR 698 Tobin v Ezekial (2012) 83 NSWLR 757; NSWCA 285 Worth v Clasohm (1952) 86 CLR 439 Texts Cited: C Rowland, Hutley's Australian Wills Precedents, (7th ed 2009, LexisNexis Butterworths) C Birtles, R Neal, Hutley's Australian Wills Precedents, (9th ed 2016, LexisNexis Butterworths) Category: Principal judgment Parties: Helene Janelle Craig-Bridges (Plaintiff) New South Wales Trustee & Guardian (Defendant) Representation: Counsel: L J Ellison SC with D Liebhold (Plaintiff) J E Armfield (Defendant)