Neal v Neal [2018] NSWSC 1669

Supreme Court New South Wales

Medium Neutral Citation: Neal v Neal [2018] NSWSC 1669 Hearing dates: 8-11 October 2018 Date of orders: 01 March 2019 Decision date: 01 March 2019 Jurisdiction: Equity Before: Slattery J Decision: Order made for the provision out of the estate of the deceased by way of a legacy of $400,000. Plaintiff's costs paid out of the state on the ordinary basis. Defendants' costs paid out of the estate on the indemnity basis. Catchwords: FAMILY PROVISION – testator died in December 2016 – plaintiff is one of three children of the testator – testator's will gave her whole estate in equal shares to the defendants, the plaintiff's two siblings, and made them her executors – plaintiff and the testator were estranged for a period of eight years before her death – plaintiff contends that he tried to reconcile with his mother, but his efforts were either not reciprocated or were thwarted by his siblings – but siblings say an AVO against the plaintiff and his other conduct justified keeping the deceased away from the plaintiff – whether adequate provision was made in the testator's will for the plaintiff's maintenance, education and advancement in life – if adequate provision was not made, what provision should be made for the plaintiff out of his mother's estate – whether, given the period of estrangement between the plaintiff and the testator, any discount should be made to any provision made in the plaintiff's favour. Legislation Cited: Succession Act 2006, ss 57, 59 Cases Cited: Drury v Smith [2012] NSWSC 1067 Evans v Levy [2011] NSWCA 125 Goodsell v Wellington & Ors [2011] NSWSC 1232 Singer v Berghouse (No. 2) (1994) 181 CLR 201 Wheatley v Wheatley [2006] NSWCA 262 Category: Principal judgment Parties: Plaintiff: John Robert Neal First defendant: Kenneth Frederick Neal Second defendant: Rachelle Eileen Vader Representation: Counsel: C.A. Vindin (Plaintiff) M.S. Willmott SC, J.E.F. Brown (Defendants)