Chapman v Ingold; Estate of the Late Eleanor Merle Ingold

Valerie and Shirley Chapman, the daughters of Eleanor Merle Ingold, sought a family provision order under the Succession Act 2006 (NSW) from the Supreme Court of New South Wales. The dispute arose because the deceased's will left her entire estate to her grandson, Robert, without any provision for her daughters. The central legal issue was whether the deceased had made adequate and proper provision for Valerie and Shirley under the will and, if not, the nature and quantum of the provision that should be made.

The court had to weigh the daughters' claims against Robert's argument that he had already been provided for in other ways, and that the estate was too small to make further provision. The daughters provided evidence of their close relationships with their mother and their contributions to her care over the years. The court also considered the deceased's testamentary intentions, as evidenced by her 1997 will and subsequent conversations with her daughters. Ultimately, the court found that the deceased had not made adequate provision for Valerie and Shirley, and ordered that each daughter receive an equal share of the estate.

The court reasoned that while the estate was small, it was sufficient to provide for the daughters who had provided care and support to their mother over many years. The court also found that the deceased's conversations with Valerie and Shirley, along with her failure to update her will, demonstrated her intention to provide for them. The court ordered that the estate be divided equally between Robert and the two daughters, with each daughter receiving one-third of the estate.