Grant v Roberts; Smith v Smith; Roberts v Smith; Curtis v Smith

Supreme Court

New South Wales

• Summary available
• Amendment notes

Medium Neutral Citation:

Grant v Roberts; Smith v Smith; Roberts v Smith; Curtis v Smith [2019] NSWSC 843

Hearing dates:

26 February 2019 to 1 March 2019

Date of orders:

08 July 2019

Decision date:

08 July 2019

Jurisdiction:

Equity

Before:

Ward CJ in Eq

Decision:

(1)   Extend the time for the making of the Family Provision claims by each of Julie Anne Roberts (Julie), Jason Richard Smith (Jason) and Brandon James Smith (Brandon) to the dates on which their respective proceedings in this Court were instituted.
(2)   Order that, to the extent necessary to accommodate the orders for family provision here made, the property referred to in these reasons as the Argenton property be designated as notional estate.
(3)   Order in favour of the executors of the estate of the late James Richard Smith for possession of the land comprised in Folio Identifier D/394327 (the Glendale property), such order to be stayed for six months from the date of these orders.
(4)   Order that vacant possession of the Glendale property be provided by no later than the date six months from the date of these orders.
(5) Order that, pursuant to s 59 of the Succession Act 2006 (NSW), provision be made out of the estate and notional estate of the deceased in favour of the respective applicants for family provision in accordance with Order 6 below.
(6)   Order that payment be made out of the proceeds of sale of the Argenton property and of the Glendale property as follows:
(a)   first, in payment of the estate’s debt to Pam of $100,000;
(b)   second, in payment of the sum of $10,000 to Julie;
(c)   third in payment of $5,800 to Julie as equitable compensation for certain of the improvements carried out on the Glendale property;
(d)   fourth, in discharge of the estate’s legal costs on an indemnity basis capped at $200,000;
(e)   fifth, in payment to Pam of the sum of $150,000 towards the cost of repair of the termite damage;
(f)   sixth, after setting aside a sum (as calculated according to [312]-[313] of these reasons) towards payment of the legal costs of the respective applicants (the Legal Costs Sum), for payment to each of Kristie, Jason, Brandon and Julie of an equal share of 80% of the balance; and for the remaining 20% of the balance to Pam as a lump sum for future contingencies;
(g)   seventh, order that, of the Legal Costs Sum, 40% be paid to Julie; 40% be paid to Kristie; and 20% be paid jointly to Jason and Brandon for their respective legal costs.
(7)   Liberty to apply on 48 hours’ notice if necessary for the implementation of any of these orders.

Catchwords:

SUCCESSION – Family provision orders – Applications by adult children and sister of deceased – Whether adequate provision for proper maintenance, education and advancement in life made for the applicants by the deceased in his Will

 

EQUITY – Trusts and trustees –…