Danger Zone: costs against plaintiff in FPA in small estate (NSW)

Family provision claims in small estates is an inherit danger zone for claimants and lawyers. The recent case of Wengdal v Rawnsley [2019] NSWSC 926 has demonstrated this again where Justice Hallen has ordered that the plaintiff’s claim be dismissed and the plaintiff pay the defendant’s costs on the ordinary basis. In this case, the deceased…

Wife support: FPA by widow dismissed with costs (NSW)

It is a suggestion that arises throughout many estate disputes that the claim of a widow on an estate should be paramount to those of other family member who survive the deceased person. However, as each case is determined on it’s merits, this is not always the case. Yesterday, the Supreme Court of New South Wales…

Dare to Care: Close personal relationship in FPA (NSW)

Many people would have a different view of exactly what a “close personal relationship” may look like. In New South Wales Family Provision law, their collection of people who may make a claim on an estate further further provision is much wider than that of Queensland.  Under section 57(1)(f) of the Succession Act 2006 (NSW),…

Escaping the Nest: Abandoning a right to reside and FPA 15 years out of time

Recently, the NSW Supreme Court determined a slightly unusual coupling of issues; a construction matter as to a right to reside conditional upon payment of expenses alongside a family provision claim over 15 years out of time. The recent case of Estate of George Roby, deceased [2017] NSWSC 265 involved the estate of the late George Roby who passed…

FPA x2: Grandson vs Daughter – Close Personal Relationship

  This month, the Supreme Court of New South Wales, determined a family provision claim by a self-sufficient adult daughter and an adult grandson. In the case of Re Filomena Rodi, deceased [2016] NSWSC 1696, the deceased was survived by four children, 2 daughters and 2 sons, and had left her estate to them equally….

An offer is an offer, no matter how small?: Costs in FPA after parentage test negative. Dismiss/Discontinue?

Recently, the Supreme Court of New South Wales  was tasked with determining whether the Court should dismiss or discontinue proceedings following the plaintiff’s parentage testing resulting in him not being the deceased’s child and therefore not an eligible person to make a claim. In the matter of Patterson v Scott [2016] NSWSC 1477 the Court heard that the plaintiff had commenced a family provision…

Executor’s duty and what to do with that additional informal document

In their last days, people can often have cause to consider additional wishes they want to record somewhere as they consider what means most to them.  Unfortunately, sometimes recording these wishes can become problematic for the executors and family left behind.  Here’s a good example: I recently read the case of Re Mangan [2016] VSC 480…

Family Provision and 30 years of estrangement, continued…

In my earlier post about the case of Wright v Wright where a family provision claim by estranged children was successful, the Court was to hear the parties arguments relating to how the legal costs of the claim should be paid (i.e. from the estate and which beneficiaries would pay etc.  In the first judgement, the Court felt that it…