Re Filomena Rodi, deceased [2016] NSWSC 1696

Supreme Court New South Wales

Medium Neutral Citation: Re Filomena Rodi, deceased [2016] NSWSC 1696 Hearing dates: 28, 29 and 30 November 2016 Date of orders: 01 December 2016 Decision date: 01 December 2016 Jurisdiction: Equity - Family Provision List Before: Lindsay J Decision: (1) An application for family provision relief by a self-sufficient adult daughter entitled to a one-quarter share of her mother's deceased estate (valued at $1.5 million), in common with her siblings, dismissed.

(2) An application by an adult grandson, who lived with the deceased for about a decade in a close family relationship, and subsequently became an unemployed sole parent of a new-born baby, granted family provision relief in the form of a legacy of $200,000. Catchwords: SUCCESSION – Family Provision – Eligible applicant – Adult Grandchild – Dependent or other person – Grandchild lived with deceased in a close personal relationship at the time of death – Family arrangement where grandchild lived with deceased for about a decade – Grandchild currently single parent caring for infant daughter and is unemployed – Grandchild eligible person and left without adequate provision

SUCCESSION – Family Provision – Eligible applicant – Adult Child – Deceased left will with four children given equal shares – Applicant estranged from siblings –- Adequate provision made in Will – Application dismissed Legislation Cited: Succession Act 2006 NSW Cases Cited: Andrew v Andrew (2012) 81 NSWLR 656 Ciric v Ciric [2015] NSWSC 313 Devereaux-Warnes v Hall (No 3) (2007) 35 WAR 127 Bruce v Greentree [2015] NSWSC 1611 Page v Page [2016] NSWSC 1218 Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR 9 Re Fulop (1987) 8 NSWLR 679 Texts Cited: GE Dal Pont and KF Mackie, Law of Succession (LexisNexis, Australia, 2013), paragraphs [16.30]-[16.32] Category: Principal judgment Parties: First Plaintiff (2015/00369399): Maria Assunta Rodi Second Plaintiff (2016/00009098): Phillip Luis Rodi First Defendant: Frank Rodi Second Defendant: Joseph Rodi Representation: Counsel: First Plaintiff: Rosalind Winfield Second Plaintiff: JEF Brown Defendants: KJ Pierce