Margaret Prior v Tanya Lynne Kerrison [2017] NSWSC 1295

Supreme Court New South Wales

Medium Neutral Citation: Margaret Prior v Tanya Lynne Kerrison [2017] NSWSC 1295 Hearing dates: 31 July 2017 – 1 August 2017 Date of orders: 15 September 2017 Decision date: 14 August 2017 Jurisdiction: Equity Before: Rein J Decision: See [41] – [43] Catchwords: EQUITY – claim by de facto partner of thirty years for a family provision order to be made pursuant to s 59 of the Succession Act 2006 ("the Act") – where the defendants, the two adult children of the deceased, accepted that the will, by provision of a life estate to the de facto and a small legacy, was inadequate having regard to her financial position – extent of the provision to be made having regard to various factors, including the expressed consideration by the testator of the de facto's claim on his bounty, the separation of their finances, the fact that both testator and de facto had previously been married and had children by those marriages, and the age and financial circumstances of the children of the testator – issues raised about the value of the properties – dispute as to ownership of certain assets of the deceased – whether a Crisp order should be made for the benefit of the de facto against a property of the deceased's estate – whether a Crisp order should be made in circumstances where there is a poor relationship between the de facto and the defendants. Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Crisp v Burns Philp Trustee Company Ltd (Supreme Court (NSW), Holland J, 18 December 1979, unreported) Johnson v Wright [2012] NSWSC 879 O'Leary v O'Leary & Eccles [2010] NSWSC 1347 Milillo v Konnecke [2009] NSWCA 109 Life v Hall [2016] NSWSC 316 Alexander v Jansson [2010] NSWCA 176 Re Fulop (1987) 8 NSWLR 679 Stewart v McDougall unreported (NSWSC Young J 19 November 1987) Vigolo v Bostin (2005) 221 CLR 191 Slack v Rogan [2013] NSWSC 522 Salmon v Osmond [2015] NSWCA 42 Foley v Ellis [2008] NSWCA 288 Chan v Chan [2016] NSWCA 222 Texts Cited: Nil Category: Principal judgment Parties: Margaret Prior (Plaintiff) Tanya Lynne Kerrison (First Defendant) Craig John Moss (Second Defendant) Representation: Counsel: L. Ellison SC (Plaintiff) N. Bilinsky (First Defendant & Second Defendant)