Bruce v Greentree

The case of Bruce v Greentree was heard in the Supreme Court of New South Wales. The plaintiffs, who are the children of the deceased, sought to establish a resulting or constructive trust in respect of two blocks of land held as joint tenants with the defendant, who is the widow of the deceased. This claim was abandoned prior to the hearing, and the court dismissed the trust claim. The plaintiffs also sought a family provision order under Chapter 3 of the Succession Act 2006 (NSW), arguing that the defendant had not made adequate and proper provision for them. The plaintiffs' application for a family provision order was out of time, and they sought leave to amend their Statement of Claim to assert that part of the proceeds from the sale of jointly held property should be considered the actual estate of the deceased. Alternatively, they sought that the property be designated as a notional estate of small value. The central issues before the court were whether there was sufficient cause to extend the time for making the application and whether the plaintiffs had shown that adequate and proper provision had not been made for them.

The court considered the legal framework governing family provision orders and the circumstances of the case. The court noted that the plaintiffs' application was out of time, but they sought leave to amend their Statement of Claim. The court had to determine whether there was a sufficient basis for extending the time for the application and whether the plaintiffs had demonstrated that the deceased had not made adequate and proper provision for them. The court also examined the relevance of an open offer made on behalf of the plaintiffs during the proceedings, which could potentially impact the outcome of the family provision application. Ultimately, the court found that there was no sufficient cause to extend the time for the family provision application, and the plaintiffs had not demonstrated that adequate and proper provision had not been made for them. The court dismissed the family provision application.