Wilson v Porada; The Estate of Peter Wolfgang Porada, late of Pericoe [2017] NSWSC 818

Supreme Court New South Wales

Medium Neutral Citation: Wilson v Porada; The Estate of Peter Wolfgang Porada, late of Pericoe [2017] NSWSC 818 Hearing dates: 3, 4, 5, & 6 April 2017 Date of orders: 30 June 2017 Decision date: 30 June 2017 Jurisdiction: Equity Before: Slattery J Decision: De facto relationship not established. Administration of the deceased's estate granted to the deceased's brother. Plaintiff found to be an eligible person to make a claim for provision out of the deceased's estate under Succession Act, s 57(b). Order for provision made in the sum of $75,000. Catchwords: SUCCESSION – administration of estates – deceased dies intestate leaving three siblings - no issue and no parents – deceased's brother claims letters of administration of the deceased's intestate estate - plaintiff claims to be in a de facto relationship with the deceased for at least two years prior to his death – whether the deceased was in a de facto relationship with the plaintiff at the time of his death and for two years before his death – whether letters of administration should be granted to the plaintiff or to the deceased's brother.

SUCCESSION – family provision and maintenance – the plaintiff having failed to establish she was in a de facto relationship with the deceased receives nothing on intestacy as a result of the deceased's death – whether the plaintiff is an eligible person under Succession Act, s 57(b), (e) or (f) to make a claim out of the deceased's estate – whether if the plaintiff is an eligible person under Succession Act, s 57 (e) or (f) there are "factors warranting" the bringing of her application - if the plaintiff is an eligible person and there are factors warranting, whether she has been left without adequate provision for her proper maintenance, education and advancement in life. Legislation Cited: Interpretation Act 1987 Property (Relationships) Act 1984 Succession Act 2006, ss 57, 129(1) Cases Cited: Churton v Christian (1988) 13 NSWLR 241 Dridi v Fillmore [2001] NSWSC 319 Evans v Levy [2011] NSWCA 125 Luciano v Rosenblum (1985) 2 NSWLR 65 Re Fulop (deceased) (1987) 8 NSWLR 679 Singer v Berghouse (No. 2) (1994) 181 CLR 201 Category: Principal judgment Parties: Plaintiff: Tracey Lee Wilson Defendant: Manfred Robert Porada Representation: Counsel: