SUPREME COURT OF QUEENSLAND
CITATION:
Freeman v Jaques [2005] QSC 200
PARTIES:
SHERYL ANN FREEMAN
(applicant)
v
HEATHER EVELYN JAQUES
(respondent)FILE NO/S:
BS6343 of 2003
DIVISION:
Trial Division
PROCEEDING:
Originating application
DELIVERED ON:
22 July 2005
DELIVERED AT:
Brisbane
HEARING DATE:
29 March 2005
JUDGE:
Mullins J
ORDER:
1. That further provision be made for the proper maintenance and support of Sheryl Ann Freeman out of the estate of Leone Amillda Freeman deceased by payment of a lump sum of $100,000.
2. That further provision be made for the proper maintenance and support of Robert Warren Freeman out of the estate of Leone Amillda Freeman deceased by payment of a lump sum of $100,000.
3. The claims by Leonard Thomas Freeman, Derinda Joyce Smerdon, Denise Gay Hancock, Lynell Coral Nicol and Rhonda Kay Rettke be dismissed.
CATCHWORDS:
SUCCESSION – FAMILY PROVISION AND MAINTENANCE – JURISDICTION – PERSONS IN WHOSE FAVOUR ORDER MAY BE MADE – CHILDREN – STEPCHILDREN – where stepchildren had no relationship with deceased stepmother – where part of stepmother’s estate was derived from the stepchildren’s father – where stepmother left entire estate to elderly friend – whether any or all of the stepchildren can make a claim for family provision – whether stepmother had made adequate provision for two stepchildren who were in necessitous circumstances
Succession Act 1981
Re Burt [1988] 1 Qd R 23
Re Callaghan (deceased) [1984] 3 All ER 790
Re Fulop Deceased (1987) 8 NSWLR 679
Graziani v Graziani (unreported, Sup Ct (NSW), Eq 2678 of 1985, 20 February 1987)
James & Anor v Day [2004] VSC 290
Keets v Marks [2005] VSC 172
Re Leach (deceased) [1986] Ch 226
In re Lockwood [1960] Tas SR 46
McKenzie v Topp [2004] VSC 90
Singer v Berghouse (1994) 181 CLR 201
Re Trackson (Deceased) [1967] Qd R 124
Vigolo v Bostin (2005) 79 ALJR 731COUNSEL:
A J H Morris QC and P A J Howard for the applicant
D G Mullins SC for the respondentSOLICITORS:
Martinez Quadrio for the applicant
Schultz Toomey O’Brien for the respondent
MULLINS J: On 16 July 2003 Ms Sheryl Ann Freeman commenced this proceeding seeking an order pursuant to s 41(1) of the Succession Act 1981 (“the Act”) that adequate provision be made from the estate of Leone Amillda Freeman (“the deceased”) for her proper maintenance and support. The deceased died on 13 January 2003 at the age of 84 years.
The deceased was married to Mr Robert Noel Freeman who was the father of Ms Freeman and who had died on 23 September 1998 at the age of 76 years. The siblings of Ms Freeman who also survived the deceased have joined in the application pursuant to s 41(6) of the Act. The applicants for provision out of the deceased’s estate are Sheryl Ann Freeman, Leonard Thomas Freeman, Robert Warren Freeman, Derinda Joyce Smerdon, Denise Gay Hancock, Lynell Coral Nicol and Rhonda Kay Rettke (“the applicants”). The applicants are the children of Mr Freeman from…
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- AGLC
- Freeman v Jaques [2005] QSC 200
- Case
- [2005] QSC 200
- Decision Date
CaseChat Overview and Summary
The court examined the legal principles surrounding family provision claims, particularly who could make such claims, and whether stepchildren could be considered in the same category as children. It also considered the circumstances of each of the stepchildren, including their relationship with the deceased and their financial needs. The court concluded that while the stepchildren could make a claim, only Sheryl Ann Freeman and Robert Warren Freeman, who were in necessitous circumstances, were entitled to a lump sum of $100,000 each. The other stepchildren's claims were dismissed as they did not demonstrate sufficient need or relationship with the deceased.
The court found that the deceased had not made adequate provision for Sheryl Ann Freeman and Robert Warren Freeman, who were in financial hardship. The court considered the deceased's estate, which included property derived from the stepchildren’s father, and determined that the deceased had not sufficiently provided for these stepchildren despite having the means to do so. The court ordered that these two stepchildren receive $100,000 each from the estate to ensure their proper maintenance and support. The other stepchildren's claims were dismissed as they either had no demonstrated need or did not have a sufficient relationship with the deceased to warrant a family provision order.
Orders
Orders of the court
1. That further provision be made for the proper maintenance and support of Sheryl Ann Freeman out of the estate of Leone Amillda Freeman deceased by payment of a lump sum of $100,000.
2. That further provision be made for the proper maintenance and support of Robert Warren Freeman out of the estate of Leone Amillda Freeman deceased by payment of a lump sum of $100,000.
3. The claims by Leonard Thomas Freeman, Derinda Joyce Smerdon, Denise Gay Hancock, Lynell Coral Nicol and Rhonda Kay Rettke be dismissed.
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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