Barter v Barter

In Barter v Barter, the plaintiff, a daughter of the deceased, sought a family provision order under section 46 of the Family Provision Act 1997 (NSW). The deceased had left her out of his will, leaving his property to his two adult sons. The dispute centred on the nature and extent of the estate and whether the plaintiff was left with inadequate provision for her maintenance, education, and advancement in life. The case was heard in the Supreme Court of New South Wales.

The court was required to determine the true value of the estate, including the property and other assets, and whether the provision made in the will was reasonable. The key legal issue was whether the plaintiff, as a child of the deceased, was entitled to a family provision order to ensure she received a fair share of the estate. The court had to consider the circumstances of the deceased and the plaintiff at the time of the will's creation, as well as the statutory criteria for making a family provision order.

The court found that the estate was valued at a significant amount, but the entire sale price of the property was used to pay off the liabilities of the estate, leaving nothing for the plaintiff. The court noted that the deceased had provided for his sons adequately but had failed to provide for the plaintiff. The court held that the provision made for the plaintiff was inadequate, and that she was entitled to a family provision order. The court ordered that the plaintiff receive a substantial sum from the estate, ensuring she was adequately provided for.

The final orders of the court were that the plaintiff was to receive a specified sum from the estate, and that the executors were to pay this amount within a specified time frame. The court's decision emphasised the importance of considering the needs of all children in making a will, and the potential consequences of failing to do so. The case serves as a reminder to testators to consider the needs of all their children when making a will, and to seek legal advice to ensure their wishes are properly reflected in their estate planning.