Estate Hawkins; Huxtable v Hawkins [2018] NSWSC 174

Supreme Court New South Wales

Medium Neutral Citation: Estate Hawkins; Huxtable v Hawkins [2018] NSWSC 174 Hearing dates: 26, 27 and 28 June 2017 Date of orders: 23 February 2018 Decision date: 23 February 2018 Before: Lindsay J Decision: As de facto wife of the deceased (following a three year relationship with him), the plaintiff is to receive (as family provision relief under Chapter 3 of the Succession Act 2006 NSW) a legacy of $75,000 from the estate, or notional estate, of the deceased, whose principal beneficiaries are his three young adult children by an earlier relationship. Catchwords: SUCCESSION – Family provision and maintenance – Eligibility – De facto spouse – Admitted relationship as a couple – Dispute as to whether "living together" – Peripatetic lifestyle of Deceased – Relationship of three years' standing – Competing claims of Deceased's children from earlier marriage – Relief granted. Legislation Cited: Interpretation Act 1987 NSW Succession Act 2006 NSW Cases Cited: Amprimo v Wynn [2015] NSWCA 286 Andrew v Andrew (2012) 81 NSWLR 656 Bosch v Perpetual Trustee Company Limited [1938]' AC 463 Goodman v Windeyer (1980) 144 CLR 490 Hills v Chalk [2008] QCA 159; [2009] 1 QD R 409 In re Allen [1922] NZLR 218 Petersen v Gregory [2007] NSWSC 8 Pontifical Society for the Propagation of the Faith v Scales (1962) 17 CLR 9 Sadiq v NSW Trustee and Guardian [2015] NSWSC 716 Smoje v Forrester [2017] NSWCA 308 Thompson v Public Trustee of NSW [2010] NSWSC 1137 Vaughan v Hoskovich [2010] NSWSC 706 Texts Cited: - Category: Principal judgment Parties: Plaintiff: Victoria Barbara Huxtable Defendant: Harry Zac Hawkins Representation: Counsel: Plaintiff: S Chapple Defendant: V Bedrossian and D Turner