Penninger v Penninger [2017] NSWSC 892

Supreme Court New South Wales

Medium Neutral Citation: Penninger v Penninger [2017] NSWSC 892 Hearing dates: 18 May 2017 Date of orders: 06 July 2017 Decision date: 06 July 2017 Jurisdiction: Equity Before: Hallen J Decision: The Court:

(i) Orders, pursuant to s 91 Succession Act 2006 (NSW), that administration in respect of the estate of the deceased, Nella Maria Penninger, be granted to the Plaintiff, for the purposes only of permitting her application for a family provision order to be dealt with.

(ii) Orders, sufficient cause having been shown, that the time for the making of the Plaintiff's application be extended until 25 July 2016, the date of the filing of the Summons.

(iii) Orders, having found that the Plaintiff is an eligible person, and that adequate provision for her proper maintenance or advancement in life has not been made for her in the Will of the deceased, in lieu of the provision made for her in the Will of the deceased, that the Plaintiff receive a lump sum of $17,500 out of the estate of the deceased.

(iv) Orders that no interest is to be paid on the lump sum, if that lump sum is paid within 28 days of the making of these orders; otherwise, interest calculated at the rate prescribed by s 84A(3) Probate and Administration Act 1898 (NSW), on unpaid legacies, is to be paid from that date until the date of payment of the lump sum.

(v) Orders that the Plaintiff's costs, calculated on the ordinary basis, and the Defendant's costs, calculated on the indemnity basis, of the proceedings, be paid out of the estate of the deceased.

(vi) Orders the lump sum payable to the Plaintiff, any interest accrued thereon, and any costs of both parties, constitute a charge over the Merriwa property until paid in full.