Straughen-Nicholson v Straughen [2019] NSWSC 1389

Supreme Court New South Wales

Medium Neutral Citation: Straughen-Nicholson v Straughen [2019] NSWSC 1389 Hearing dates: On the papers Date of orders: 15 October 2019 Decision date: 15 October 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Declare that on the true construction of the last Will dated 22 August 2014 of the late Roy Straughen, who died on 13 April 2019, and pursuant to the operation of s 41(2) of the Succession Act 2006 (NSW), the plaintiff (Emma Straughen-Nicholson), as the only issue of Karen Anne Straughen who died between 17 and 18 January 2019, takes the share of Karen Anne Straughen, under cll 5, 6 and 7 of the Will. 2. Subject to any application made as to costs within 14 days, there be no order as to costs. Catchwords: CIVIL PROCEDURE — Probate and administration of estates — determination as to Construction of Will – s 41 of the Succession Act 2006 (NSW) – where named beneficiary dies leaving only one issue – whether the issue is entitled to the beneficiaries portion of the estate Legislation Cited: Succession Act 2006 (NSW), s 41 Category: Principal judgment Parties: Emma Jade Straughen-Nicholson (Plaintiff) Vikki Patricia Straughen (Defendant) Representation: Counsel: Mr K Morrissey (Plaintiff) Ms M Odtojan (Defendant)

Solicitors: Turnbull Kasif Lawyers (Plaintiff) Odtojan & Associates (Defendant File Number(s): 2019/00244202 Publication restriction: Nil

Judgment 1. HER HONOUR: In this matter, by summons filed 6 August 2019, the plaintiff (Ms Emma Straughen-Nicholson) seeks a determination as to the construction of the last Will dated 22 August 2014 of the late Mr Roy Straughen (the deceased). The executor of the deceased's estate (Ms Vikki Straughen), who is one of the three named beneficiaries, has filed a submitting appearance. The other surviving beneficiary (Mr Rodney Straughen) was notified of the application and does not seek to be heard on the application.