Moreau v Moreau [2017] NSWSC 1333

Supreme Court New South Wales

Medium Neutral Citation: Moreau v Moreau [2017] NSWSC 1333 Hearing dates: 20 & 21 April 2017 Date of orders: 04 October 2017 Decision date: 04 October 2017 Jurisdiction: Equity Before: Slattery J Decision: Plaintiff granted extension of time to apply for provision out of the deceased's estate. Order for notional estate granted over real estate in Australia. Provision made for the plaintiff out of the estate Catchwords: SUCCESSION – Wills, Probate and Administration - Family Provision – summons filed outside limitation period – whether sufficient cause shown for Court to make orders extending time for plaintiff's application for family provision order

SUCCESSION – Wills, Probate and Administration - Family Provision – notional estate order sought - estate partly distributed – moveable property in the UK – real estate in Australia

SUCCESSION – Wills, Probate and Administration - Family Provision - whether provision should be made for son out of deceased father's will when no provision expressly made – whether there was an estrangement between father and son – impact of estrangement upon provision – needs of parties considered Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Burke v Burke [2015] NSWCA 195 Drury v Smith [2012] NSWSC 1067 Evans v Levy [2011] NSWCA 125 Singer v Berghouse (No. 2) (1994) 181 CLR 201 Thomas v Pickering; Byrne & Anor v Pickering [2011] NSWSC 572 Category: Principal judgment Parties: Plaintiff: Gwenael Youenn Moreau Defendant: Simone Marie-Louise Aline (also known as Simone Marie-Louise Aline Moreau) as executrix of the Will of Guy Gustave Arsene Moreau Representation: Counsel: