JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: BUTCHER -v- CRAIG [2010] WASCA 92
CORAM: PULLIN JA
NEWNES JA
MURPHY J
HEARD: 15 MARCH 2010
DELIVERED : 17 MAY 2010
FILE NO/S: CACV 76 of 2009
BETWEEN: RONALD JAMES BUTCHER
Appellant
AND
DELYS JOAN CRAIG as Executor of the Estate of Elsja Henrietta Charlotte BUTCHER (DEC)
First RespondentDELYS JOAN CRAIG
Second RespondentTRIGG ALEXANDER CRAIG
Third RespondentELSJA ELIZABETH CRAIG
Fourth RespondentMANSON BASIL CRAIG
Fifth Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram :MASTER SANDERSON
Citation :BUTCHER -v- CRAIG [2009] WASC 164
File No :CIV 1886 of 2006
Catchwords:
Succession law - Application under Inheritance (Family and Dependants Provision) Act 1972 (WA) - Application refused by master - Competing claims of children and grandchildren - Turns on own facts
Legislation:
Inheritance (Family and Dependants Provision) Act 1972 (WA), s 6(1)
Result:
Appeal allowed
Category: B
Representation:
Counsel:
Appellant: Mr L A Tsaknis
First Respondent : No appearance
Second Respondent : Mr A Metaxas
Third Respondent : Mr A Metaxas
Fourth Respondent : Mr A Metaxas
Fifth Respondent : Mr A Metaxas
Solicitors:
Appellant: Minter Ellison
First Respondent : No appearance
Second Respondent : Metaxas & Hager
Third Respondent : Metaxas & Hager
Fourth Respondent : Metaxas & Hager
Fifth Respondent : Metaxas & Hager
Case(s) referred to in judgment(s):
Andre v Perpetual Trustees WA Ltd [2009] WASCA 14
Bondelmonte v Blanckensee [1989] WAR 305
Butcher v Craig [2009] WASC 164
Pogorelic v Banovich [2007] WASC 45
Singer v Berghouse (No 2) [1994] HCA 40; (2004) 181 CR 201
REASONS OF THE COURT: The appellant brought an application under the Inheritance (Family and Dependants Provision) Act 1972 (WA) (the Act). The application was dismissed by the master. The appellant appeals against that decision.
The following is a recital of the facts found by the master in Butcher v Craig [2009] WASC 164:
The plaintiff is the son of the late Elsja Henrietta Charlotte Butcher (the deceased). The deceased died on 15 December 2005 aged 93. Her last will was made on 6 May 2003. The second defendant is the daughter of the deceased. The third, fourth and fifth defendants are all children of the second defendant.
By her will the deceased left a net estate of approximately $1,261,818.32. The principal asset of her estate was, and is, a house at Busselton. According to the statement of assets and liabilities sworn 4 October 2006, at the date of the deceased's death this house was valued at $1.2 million. All parties accepted that, for the purposes of this application, the value put on the house in the statement of assets and liabilities was to be taken as the value of the house as at the date of death of the deceased.
The statement of assets and liabilities showed that in addition…
Continue reading Butcher v Craig
Sign in free to access the full text
- AGLC
- Butcher v Craig [2010] WASCA 92
- Case
- [2010] WASCA 92
- Decision Date
CaseChat Overview and Summary
The court considered the arguments presented by the grandchildren, who contended that the will did not adequately provide for their interests, and that the provisions of the Inheritance Act should apply. The grandchildren argued that the deceased's failure to adequately provide for them warranted an intervention under the Act. The court needed to decide if the master's refusal to grant the application was justified, considering the competing claims of the children and grandchildren. The court also examined the circumstances surrounding the making of the will and the relationship between the deceased and his grandchildren.
The court held that the master was correct in refusing the application. It found that the deceased had adequately provided for his grandchildren through bequests to his children, who were in turn responsible for distributing those benefits to their children. The court was satisfied that the deceased had considered the needs of his grandchildren and had made provisions for them through his children. The evidence did not support the contention that the deceased's failure to provide directly to the grandchildren was due to any incapacity or undue influence. Therefore, the court concluded that the master's decision was correct, and the application was properly dismissed. As a result, the estate was to be distributed in accordance with the terms of the will.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.