Helm v Helm

Case

[2011] NSWSC 377

04 May 2011


Details
AGLC Case Decision Date
Helm v Helm [2011] NSWSC 377 [2011] NSWSC 377 04 May 2011

CaseChat Overview and Summary

The applicant, a son estranged from his deceased father for 14 years, sought to make a family provision claim for an interest in the family home. The deceased had contributed to the purchase price of the home but his son did not make any financial contributions. The court had to determine whether the son was entitled to a family provision order. The central issue was whether the son's non-financial contributions could be taken into account when assessing his claim. The court held that the son's contributions to the relationship with his father, though non-financial, were relevant to the assessment of his claim. The court found that the son's contributions to the relationship warranted an order that he receive an interest in the family home. The orders made were that the son receive a 20% interest in the family home, subject to a mortgage over the property.
Details

Areas of Law

  • Succession Law

Legal Concepts

  • Family Provision Claim

  • Contributions to Property

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

Singer v Berghouse [1994] HCA 40
Foley v Ellis [2008] NSWCA 288
Wheatley v Wheatley [2006] NSWCA 262