Brandon v Hanley

Case

[2014] VSC 103

21 March 2014


Details
AGLC Case Decision Date
Brandon v Hanley [2014] VSC 103 [2014] VSC 103 21 March 2014

CaseChat Overview and Summary

In Brandon v Hanley, the deceased had left a will providing for his three children. The son and daughter who were the applicants were left legacies of $50,000 each. The daughter who was not an applicant was left the residue of the estate. The applicants sought further provision under Part IV of the Administration and Probate Act 1958. The court was required to consider whether the deceased had a responsibility to make further provision for the son and whether such provision should be made. The court found that there was a responsibility on the deceased to make further provision for the son and that the estate was sufficient to enable the son to receive such provision. The court found that the son had made an independent life for himself but that he would benefit from the receipt of a larger share of the estate. The court ordered that the son receive an additional $200,000.
Details

Areas of Law

  • Succession Law

Legal Concepts

  • Testamentary Capacity

  • Family Maintenance

  • Residuary Estate

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

24

Thornton & Thornton [2015] FamCA 92
Fulton v Fulton [2014] NSWSC 619
Cases Cited

25

Statutory Material Cited

0

Forsyth v Sinclair [2010] VSCA 147
Schmidt v Watkins [2002] VSC 273
Unger v Sanchez [2009] VSC 541