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
Key Legal Topics
Areas of Law
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Succession Law
Legal Concepts
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Family Provision Claim
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Contributions to Property
Actions
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Citations
Helm v Helm [2011] NSWSC 377
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