JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: ABBOTT -v- ABBOTT [2025] WASC 30
CORAM: HOWARD J
HEARD: 11, 12, 16 and 18 DECEMBER 2024
DELIVERED : 6 FEBRUARY 2025
FILE NO/S: CIV 1567 of 2023
BETWEEN: NORELLE ANITA ABBOTT
Plaintiff
AND
SHARI LEE ABBOTT as executor of the will of KENNETH CHARLES ABBOTT
First Defendant
SHARI LEE ABBOTT
Second Defendant
LUANA ELISE ABBOTT
Third Defendant
BRYCE DESMOND ABBOTT
Fourth Defendant
MATTHEW DANIEL ABBOTT
Fifth Defendant
Catchwords:
Succession - Wills and Estates - Applications under s 6 of the Family Provision Act 1972 (WA) for further and better provision from the testator's estate by two daughters of the deceased - Mutual Will Agreement between deceased and surviving spouse - Whether the will made adequate provision for the proper maintenance, support, education or advancement in life for the applicants - Application granted in respect of one applicant - Deficiencies in case presented for the other applicant
Legislation:
Family Provision Act 1972 (WA), s 6
Result:
Application granted
Category: B
Representation:
Counsel:
| Plaintiff | : | Mr P G McGowan |
| First Defendant | : | Mr C Breheny |
| Second Defendant | : | Mr C Breheny |
| Third Defendant | : | Mr P G McGowan |
| Fourth Defendant | : | No appearance |
| Fifth Defendant | : | No appearance |
Solicitors:
| Plaintiff | : | Macdonald Rudder |
| First Defendant | : | Hopgoodganim Lawyers (Perth) |
| Second Defendant | : | Hopgoodganim Lawyers (Perth) |
| Third Defendant | : | Haynes Leeuwin |
| Fourth Defendant | : | In Person |
| Fifth Defendant | : | In Person |
Cases referred to in decision:
Barns v Barns [2003] HCA 9; (2003) 214 CLR 169
Blendell v Byrne [2019] NSWSC 583
Bondelmonte v Blanckensee [1989] WAR 305
Bosch v Perpetual Trustee Co Ltd (1938) 38 SR (NSW) 176
Boscolo v Australian Unity Trustees Ltd [2023] WASC 391
Butcher v Craig [2009] WASC 164
Christie v Manera [2006] WASC 287
Crossman v Riedel [2004] ACTSC 127
Grant v Roberts [2019] NSWSC 843
Hawkins v Prestage (1989) 1 WAR 37
Hughes v National Trustees, Executors and Agency Co of Australasia Ltd [1979] HCA 2; (1979) 143 CLR 134
Kleinig v Neal (No 2) [1981] 2 NSWLR 532
Kohari v Snow [2013] NSWSC 452
Lemon v Mead [2017] WASCA 215; (2017) 53 WAR 76
Lloyd-Williams v Mayfield (2005) 63 NSWLR 1
MacGregor v MacGregor [2003] WASC 169
Marks v Marks [2003] WASCA 297
McCosker v McCosker [1957] HCA 82; (1957) 97 CLR 566
McGeough v Blatchford [2019] WASC 454
McGrath v Eves [2005] NSWSC 1006
Pontifical Society for the Propagation of the Faith v Scales [1962] HCA 19; (1962) 107 CLR 9
Salmon v Osmond [2015] NSWCA 42; (2015) 14 ASTLR 442
Smith v Smith [1986] HCA 36; (1986) 161 CLR 217
Stone v Braun [2015] WASCA 103
Taylor v Farrugia [2009] NSWSC 801
Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 191
HOWARD J
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- AGLC
- Abbott v Abbott [2025] WASC 30
- Case
- [2025] WASC 30
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the will made adequate provision for the applicants' proper maintenance, support, education, or advancement in life. The court examined the mutual will agreement and the terms of the will, considering the circumstances of the deceased at the time of making the will and the financial position of the estate. The applicants had to demonstrate that they were not adequately provided for under the will. The court also had to determine whether the applicants' claims were consistent with the mutual will agreement and whether any deficiencies in their case should result in their applications being dismissed.
The court found that the will made adequate provision for the proper maintenance, support, education, and advancement in life for one of the applicants, and thus dismissed her application. However, in respect of the other applicant, the court found deficiencies in the case presented. The court held that the will did not make adequate provision for her proper maintenance, support, education, or advancement in life. Consequently, the court granted the application of the second applicant. The court considered various factors, including the applicants' financial circumstances, their needs, and the provisions made by the deceased in the will.
The final orders of the court were that the application of the first applicant was dismissed, while the application of the second applicant was granted. The court directed that further and better provision be made for the second applicant from the estate of the deceased. The specific amount of provision was to be determined by further orders of the court.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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