Summary judgement against the applicants in FPA

Her Honour Justice Atkinson of the Supreme Court recently granted a respondent’s application for summary judgement against the applicants in a Family Provision Application.  Reason?  Well, they filed an Originating Application (in December 2013) but hadn’t managed to follow up with further material in support of their application; save as to offer some information regarding financial dealings between the deceased and the children.

 At the hearing, the applicants hadn’t offered any basis for their claim for further and better provision and despite offering a draft affidavit in support of their application at the hearing, Her Honour was not satisfied.

The applicants were 2 of 7 children of the deceased; the deceased had left his estate to the children in equal shares.

The estate was worth, at best, $300k.

You can read the case of Crandon v Cradon [2014] QSC 93 here.

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