Wright v Burg [2018] NSWSC 595

Supreme Court New South Wales

Medium Neutral Citation: Wright v Burg [2018] NSWSC 595 Hearing dates: 23 and 24 November 2017 Date of orders: 07 May 2018 Decision date: 07 May 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Pursuant to Succession Act 2006 (NSW) s 59, order that: (a) the first plaintiff receive a lump sum of $50,000 out of the estate of the deceased; and (b) the second plaintiff receive a lump sum of $100,000 out of the estate of the deceased. (2) Order that, unless any party makes an application for a different costs order, the plaintiffs' costs of the proceedings, calculated on the ordinary basis, and the defendant's costs of the proceedings, calculated on the indemnity basis, be paid out of the estate of the deceased. Catchwords: SUCCCESSION – family provision – where deceased left her estate wholly to one adult son – no provision made in will for other two adult children – whether provision should be made under s 59 of the Succession Act 2006 (NSW) in favour of other children – relevance of promises made by deceased or arrangement contemplated by deceased – less than full and frank disclosure by beneficiary of the estate – appropriate approach to balancing needs of beneficiary and applicants in context of a small estate – family provision orders made Legislation Cited: Family Provision Act 1982 (NSW) Succession Act 2006 (NSW) Ch 3, ss 57, 59, 60 Cases Cited: Ahmad v Ahmad [2002] NSWSC 579 Collings v Vakas [2006] NSWSC 393 Foye v Foye [2008] NSWSC 1305 Gersbach v Blake [2011] NSWSC 368 Harrisson v Skinner [2013] NSWSC 736 In re Allen (deceased); Allen v Manchester [1922] NZLR 218 In the Estate of the late Anthony Marras [2014] NSWSC 915 Kembrey v Cuskelly [2008] NSWSC 262 Larkin v Leech-Larkin [2017] NSWSC 1418 Leary v NSW Trustee and Guardian [2017] NSWSC 1113 Re the Will of Gilbert (1946) 46 SR (NSW) 318 Saba v Saba [2016] NSWSC 1576 Sgro v Thompson [2017] NSWCA 326 Singer v Berghouse (1994) 181 CLR 201; [1994] HCA 40 Singh v Singh [2015] NSWSC 1457 Varis v Varis [2012] NSWSC 1553 Category: Principal judgment Parties: Carmen Marie Wright (First Plaintiff) Carl Henry Burg (Second Plaintiff) Andrew Joseph Burg (Defendant) Representation: Counsel: V Hartstein (Plaintiffs) D Roberts (Defendant)