Evans v Evans

Case [2025] NSWSC 1263



Supreme Court

New South Wales

Case Name: 

Evans v Evans

Medium Neutral Citation: 

[2025] NSWSC 1263

Hearing Date(s): 

On the papers (following requisition and provision of supplementary material)

Date of Orders:

27 October 2025

Decision Date: 

27 October 2025

Jurisdiction: 

Equity - Family Provision List

Before: 

Meek J

Decision: 

Orders and notations made finalising family provision claim.

Catchwords: 

SUCCESSION — Family provision — Guidance as to purpose, use and content of family tree diagrams or genograms — Encouragement of common-sense approach
 
SUCCESSION — Family provision — Identification of purposes of appropriate specification of proper names and guides informing specification of names — Practical guidance
 
SUCCESSION — Family Provision — Practice note — Discussion of introduction and development
 
WORDS & PHRASES — ‘lagom’ (Swedish)
 
SUCCESSION — Family Provision — Disregarding of interests under s 61(2)(b) Succession Act 2006 (NSW) — Previous spouses initially unable to be located — Residential address, email address and phone number of one particular spouse unknown following initial searches — Further searches disclosed sufficient information — All relevant persons ultimately served

Legislation Cited: 

Adoption Act 2000 (NSW)
Births, Deaths and Marriages Registration Act 1995 (NSW)
Civil Procedure Act 2005 (NSW)
Family Provision Act 1982 (NSW)
Interpretation Act 1987 (NSW)
Marriage Act 1961 (Cth)
Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth)
Miscellaneous Acts Amendment (Marriages) Act 2018 (NSW)
Succession Act 2006 (NSW)
 
Births, Deaths and Marriages Registration Regulation 2025 (NSW)
Supreme Court Rules 1970 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)

Cases Cited: 

Adoption of B [2019] NSWSC 908
Akins v Abigroup Ltd (1998) 43 NSWLR 539
Avery v Registrar of Births, Deaths and Marriages; Avery v State of NSW [2010] HCASL 212
Avery v Registrar of Births, Deaths and Marriages; Avery v State of NSW [2010] HCASL 213
Avery v Registrar of Births, Deaths and Marriages; Avery v State of NSW (2010) 79 NSWLR 354; [2010] NSWCA 72
Bardi v Giannaros (No 2) [2025] NSWSC 917
Carey v Robson; Nicholls v Robson (No 2) [2009] NSWSC 1199
Director General, Department of Community Services v The Adoptive Parents (2005) 64 NSWLR 268; [2005] NSWCA 385
Estate Pascale [2016] NSWSC 443
Graphite Energy Pty Ltd v Lloyd Energy Systems Pty Ltd [2014] NSWSC 1326
Hackett (a Pseudonym) v Secretary, Department of Communities and Justice [2020] NSWCA 83; (2020) 379 ALR 248
Howitt as Executor of the estate of the late Margaret Norma Howitt v Bosschieter [2025] NSWCA 179
Jurak v Latham [2023] NSWSC 1318
Kennard v Sheehan [2010] NWSC 882
Liosatos v Liosatos [2025] NSWSC 44
Oxley v Oxley [2018] NSWSC 91
Robinson v Tame [1994] NSWCA 266
Shymko v Lach [2022] NSWSC 1096
Spata v Tumino (2018) 95 NSWLR 706; [2018] NSWCA 17
Tarbes v Taleb [2023] NSWSC 565
The Adoption of Edmund (a pseudonym) [2024] NSWSC 803
The Adoption of Rose Eilis Lacey [2025] NSWSC 496

Texts Cited: 

Australian Bureau of Statistics, “Data visualisation” (Web Page) (see endnotes for accessible link)
Australian Bureau of Statistics, “Life expectancy: Latest Release” (Web Page)…

Continue reading Evans v Evans

Sign in free to access the full text

Details
AGLC
Evans v Evans [2025] NSWSC 1263
Case
[2025] NSWSC 1263
Decision Date

CaseChat Overview and Summary

In the case of Evans v Evans, the dispute arose from the interpretation and application of the Family Provision Act 1982 (NSW) in the context of a family provision claim. The deceased, who passed away without leaving a will, left behind a complex family structure involving multiple spouses and children. The court was tasked with determining how family provision should be allocated among the various family members, particularly focusing on the use of family tree diagrams or genograms to aid in the understanding of the relationships and entitlements.

The primary legal issues the court addressed included the appropriate use and content of family tree diagrams or genograms in family provision matters, the necessity of specifying proper names and guides for their creation, and the procedural steps for ensuring all relevant family members are served with legal notices. The court had to consider whether the use of such diagrams could assist in presenting a clearer picture of the family’s structure and relationships, thereby facilitating a more equitable distribution of the estate.

The court provided detailed guidance on the use of family tree diagrams or genograms, encouraging a common-sense approach to their creation and use. It highlighted the importance of accurately identifying and specifying the names of all relevant family members and outlined practical steps for their construction. The court also discussed the practice note on family provision, detailing its evolution and application. In terms of service, the court ruled that if initial searches for a party’s contact details are unsuccessful, further searches should be conducted to locate them, ensuring all relevant persons are ultimately served.

The final orders of the court directed that the family provision claim be re-evaluated in light of the provided guidance on family tree diagrams and the procedural steps for ensuring all parties are served. The court mandated that the executor of the estate conduct further searches to locate the missing spouse, ensuring they are properly served with any further legal notices related to the claim.

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.