Maynard v Maynard [2018] NSWSC 1961

Supreme Court New South Wales

Medium Neutral Citation: Maynard v Maynard [2018] NSWSC 1961 Hearing dates: 13 and 14 August 2018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Equity - Family Provision List Before: Robb J Decision: (1) Order that the plaintiff's summons is dismissed.

(2) Order that the defendant is entitled to be paid her costs out of the estate of the deceased on the indemnity basis.

(3) Note that the defendant is entitled to an order that the plaintiff pay her costs on the ordinary basis, but the Court will hear the parties if the defendant applies for any special order for costs. Catchwords: SUCCESSION – Family provision – Claim by adult child for provision from the deceased's estate under Chapter 3 of the Succession Act 2006 (NSW) – Consideration of whether the application of s 59 of the Succession Act involves a one-stage or two-stage process in the light of relevant authorities, and matters relevant to how those processes may be applied – Where a capable testator has with knowledge that he is suffering from a terminal illness made a new will on the basis of the apparently careful consideration of his testamentary obligations to relevant parties – Where the testator gives his actual estate equally to his wife and two daughters – Claim for family provision order dismissed Legislation Cited: Succession Act 2008 (NSW) Family Provision Act 1982 (NSW) Cases Cited: Amos v Hogg [2018] NSWSC 1226 Sgro v Thompson [2017] NSWCA 326 Page v Page [2017] NSWCA 141 Singer v Berghouse (1994) 181 CLR 201; [1994] HCA 40 Andrew v Andrew (2012) 81 NSWLR 656; [2012] NSWCA 308 Vigolo v Bostin (2005) 221 CLR 191; [2005] HCA 11 Lodin v Lodin; Estate of Dr Mohammed Masoud Lodin [2017] NSWSC 10 Underwood v Gordon [2014] NSWSC 1055 Gardiner v Gardiner [2014] NSWSC 435 Sreckovic v Sreckovic [2018] NSWSC 1597 Poletti v Jones [2015] NSWCA 107 Butler v Morris [2012] NSWSC 748 Kohari v Trustee and Guardian (NSW) (No 2) [2017] NSWSC 1080 Slack v Rogan; Palfry v Rogan (2013) 85 NSWLR 253; [2013] NSWSC 522 DJ Singh v DH Singh and Others [2018] NSWCA 30 Vidler v Ivimey [2013] NSWSC 1605 Grey v Harrison [1997] 2 VR 359 Category: Principal judgment Parties: Marcelle Zeneetha Maynard (plaintiff) Josephine Maynard (defendant) Representation: Counsel: A Moutasallem (plaintiff) L Ellison SC (defendant)