Re Estate Grant, deceased [2018] NSWSC 1031

Supreme Court New South Wales

Medium Neutral Citation: Re Estate Grant, deceased [2018] NSWSC 1031 Hearing dates: 3 and 4 April 2018 Date of orders: 16 July 2018 Decision date: 05 July 2018 Jurisdiction: Equity Before: Lindsay J Decision: (1) A Will made by the deceased shortly after dissolution of his first marriage was not "made in contemplation of" his second marriage within the meaning of the Succession Act 2006 NSW, section 12(3), with the consequence that it was revoked upon his re-marriage, and he died intestate.

(2) On terms as to the time within which an election must be made and the price to be paid, the deceased's widow granted, pursuant to section 117(2) of the Succession Act 2006, an extension of time within which to make an election to acquire property from the deceased's estate.

(3) A stepson of the deceased, treated by the deceased as a son, granted family provision relief, under Chapter 3 of the Succession Act, in the form of a legacy of $750,000. Catchwords: SUCCESSION – Wills, probate and administration – Wills made in contemplation of marriage – Whether deceased's will revoked by second marriage – No express terms referring to marriage between the deceased and his widow – Where deceased expressed a desire to exclude his first wife and an estranged stepchild of his first marriage – Whether the deceased, at the time of making his will, had in mind again taking on a legally recognised status of marriage – No contemplation of second marriage – Deceased's estate to be administered as intestate

SUCCESSION – Wills, probate and administration – Intestacy – Spousal right of election to estate property – Whether an extension of time should be granted – Whether sufficient cause – Whether appreciation in the value of estate property prejudiced other beneficiaries if election made – Extension granted on terms