Estate Ameisen, Deceased [2020] NSWSC 528

Supreme Court New South Wales

Medium Neutral Citation: Estate Ameisen, Deceased [2020] NSWSC 528 Hearing dates: 7, 8 and 11 May 2020 Date of orders: 15 May 2020 Decision date: 15 May 2020 Jurisdiction: Equity - Family Provision List Before: Lindsay J Decision: ORDER that the plaintiff's application for a family provision order (under Chapter 3 of the Succession Act 2006 NSW) against the estate of his late mother be dismissed. Catchwords: SUCCESSION – Family provision – Claim by adult son from deceased's estate – substantial provision made for plaintiff in the deceased's will and during her lifetime – Plaintiff not left without adequate provision for his proper maintenance, education and advancement in life – Claim for family provision order dismissed Legislation Cited: Succession Act 2006 NSW Cases Cited: Ameisen v Medical Council of NSW (2015) NSWCATOD 49 Andrew v Andrew (2012) 81 NSWLR 656 Bosch v Perpetual Trustee Co Ltd [1938] AC 463 Camemik v Reholc [2012] NSWSC 1537 Goodman v Windeyer (1980) 144 CLR 490 In re Allen [1922] NZLR 218 Medical Council of NSW v Ameisen [2020] NSWCATOD 18 Pontifical Society for the Propagation of the Faith v Scales (1962) 17 CLR 9 SGRO v Thomson [2017] NSWCA 326 Slack v Rogan; Palffy v Rogan (2013) 85 NSWLR 253 Texts Cited: - Category: Principal judgment Parties: Plaintiff: Paul Joseph Ameisen Defendant: Helena Ameisen Representation: Counsel: Plaintiff: K Morrissey Defendant: M Klooster