Boardman v King & Anor [2018] NSWSC 230

Supreme Court New South Wales

Medium Neutral Citation: Boardman v King & Anor [2018] NSWSC 230 Hearing dates: 16, 17 & 18 October 2017 Date of orders: 01 March 2018 Decision date: 01 March 2018 Jurisdiction: Equity Before: Slattery J Decision: Provision for the plaintiff in the form of a legacy of $1,300,000 ordered to be paid out of the deceased's estate. Legacy to be borne: as to $1,000,000, in the amount of $250,000 equally by each of the four of the deceased's grandchildren; and as to the remaining $300,000, equally by Ruth King and Max Boardman in the amount of $150,000 each. Catchwords: SUCCESSION – family provision – Succession Act, Chapter 3 – deceased dies leaving three sons and a daughter – another daughter pre-deceases the deceased leaving four children – the deceased's estate comprises a single farming property and other investment properties – the investment properties are given under the deceased's will to his grandchildren, the children of his deceased daughter – the remaining property, the farming property, was split up between the surviving children – the plaintiff worked on the farming property for a lengthy period prior to the deceased's death – the deceased's will divided the farming property into two parts – the better land on which the principal farming buildings are erected on higher ground was given to the two surviving older children, the eldest son and a daughter – the lower and partially flood prone land with no farm buildings was given as tenants-in-common to the plaintiff and his twin brother – the plaintiff claims that his capacity to earn a living in farming from the land given to him under the will is severely impaired – whether the plaintiff has been left without adequate provision for his maintenance, education or advancement in life – whether any further provision needs to be made for the plaintiff out of the estate of the deceased – if further provision needs to be made for the plaintiff, what is the nature and quantum of that provision. Legislation Cited: Conveyancing Act 1919, s 66G Practice Note Supreme Court Eq 7 Succession Act 2006, ss 57 and 59 Cases Cited: Alexander v Jansson [2010] NSWCA 176 Drury v Smith [2012] NSWSC 1067 Evans v Levy [2011] NSWCA 125 Singer v Berghouse (No. 2) (1994) 181 CLR 201 Category: Principal judgment Parties: Plaintiff: Rex Stephen Boardman First Defendant: Ruth Christine King Second Defendant: Maxwell Charles Boardman Representation: Counsel: