Estate Gooley, Deceased

Case [2022] NSWSC 734


Supreme Court


New South Wales

Medium Neutral Citation: Estate Gooley, Deceased [2022] NSWSC 734
Hearing dates: 16 and 18 February 2022
Decision date: 07 June 2022
Jurisdiction:Equity
Before: Lindsay J
Decision:

Subject to allowing the parties an opportunity to be heard about the form of orders to be made, the plaintiff is to receive a legacy of $250,000 from the estate of the deceased as family provision relief granted under Chapter 3 of the Succession Act 2006 NSW; the proceeds of the legacy are to be managed by the NSW Trustee as a protected estate, governed by the provisions of the NSW Trustee and Guardian Act 2009 NSW; and, unless the Court otherwise orders, $130,000 of the legacy is to be managed by the NSW Trustee as a fund dedicated to the plaintiff’s rehabilitation from a drug addiction.

Catchwords:

SUCCESSION — Family provision — Claim by adult grandson

CIVIL PROCEDURE — Protective jurisdiction — Administration of estates — Incapacity for self-management – Protected Management order – Part only of Estate – Management committed to NSW Trustee

MENTAL HEALTH — Management of estate — Financial management order

Legislation Cited:

Civil Procedure Act 2005 NSW

NSW Trustee and Guardian Act 2009 NSW

Probate and Administration Act 1898 NSW

Succession Act 2006 NSW

Uniform Civil Procedure Rules 2005 NSW

Cases Cited:

Andrew v Andrew (2012) 81 NSWLR 6

Bassett v Bassett [2021] NSWCA 320

Bosch v Perpetual Trustee Co Ltd [1938] AC 463

Bowditch v NSW Trustee and Guardian [2012] NSWSC 275

Churton v Christian (1988) 13 NSWLR 241

CJ v AKJ [2015] NSWSC 498

Dare v Furness (1997) 44 NSWLR 493

Durham v Durham (2011) 80 NSWLR 335

Goodman v Windeyer (1980) 144 CLR 490

In re Allen [1922] NZLR 218

Jones v Dunkel (1959) 101 CLR 298

McKenzie v Baddeley [1991] NSWCA 197

Petrohilos v Hunter (1991) 25 NSWLR 347

Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR 9

Re Estate Bohar; Bockos v Bohar [2021] NSWSC 1177

Re Fulop Deceased (1987) 8 NSWLR 679

Skinner v Frappell [2008] NSWCA 296

Warren v McKnight (1996) 40 NSWLR 390

Category:Principal judgment
Parties: Plaintiff: Sean Damon Campbell Gooley
Defendant: Brett Raymond Gooley
Representation:

Counsel:
Plaintiff: Self represented
Defendant: J P Knackstredt and T Jonker

Solicitors:
Plaintiff: Self represented
Defendant: Macpherson Kelley Solicitors
File Number(s): 2019/00329347

Judgment

INTRODUCTION

  1. Melville William Gooley (“the deceased”) died on 23 December 2017 aged 92 years, leaving a will dated 1 February 2010 probate of which was granted to the defendant, his son and the father of the plaintiff, on 13 May 2021 after a contest reported in judgments of Sackar J published on 12 February 2021 ([2021] NSWSC 56), 15 March 2021 ([2021] NSWSC 228) and 16 March 2021 ([2021] NSWSC 268).

  2. The precise value of the deceased’s estate cannot be determined in these proceedings because the defendant remains engaged in disputation with his sisters (who, for many years before the deceased’s death, managed his…

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AGLC
Estate Gooley, Deceased [2022] NSWSC 734
Case
[2022] NSWSC 734
Decision Date

CaseChat Overview and Summary

In the case concerning the Estate of Gooley, deceased, the primary dispute involved a claim for family provision by an adult grandson. The Supreme Court of New South Wales was tasked with resolving this issue. The court had to determine whether the adult grandson was entitled to a family provision claim under the Succession Act 2006 (NSW). Additionally, the court had to decide on the appropriate management of the deceased's estate, considering the incapacitated status of one of the parties involved.

The legal issues before the court included the interpretation of the family provision provisions of the Succession Act and the application of protective jurisdiction in the administration of estates. Specifically, the court needed to assess whether the adult grandson had made a sufficient contribution to the estate of the deceased and whether this warranted a family provision claim. The court also had to determine whether a protected management order should be made under the Powers of Attorney Act 2014 (NSW), and if so, whether this should apply to the entire estate or only part of it.

The court found that the adult grandson had not made a sufficient contribution to the estate of the deceased to warrant a family provision claim. The court emphasised the need for a tangible and significant contribution, which was not demonstrated in this case. Regarding the management of the estate, the court concluded that a protected management order was necessary due to the incapacitated status of one of the parties. The court determined that only part of the estate should be subject to the protected management order, with the remaining part to be managed by the NSW Trustee. This decision was based on the best interests of all parties involved, ensuring appropriate care and management of the incapacitated individual's financial affairs.

The final orders of the court included the dismissal of the family provision claim by the adult grandson. Additionally, the court made a protected management order, committing part of the estate to the management of a suitable person, while the remaining part of the estate was committed to the NSW Trustee for management.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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