Henry v Northen

The case of Henry v Northen involved a dispute between the plaintiff, who was the only child of the deceased, and the executor of the deceased's estate. The deceased, Henry, died without leaving any provision for his son in his will. The son, the plaintiff, sought a family provision order under the Succession Act 2006 (NSW). The case was heard by the Supreme Court of New South Wales.

The primary legal issue before the court was whether the plaintiff was entitled to a family provision order from the estate of the deceased. The court had to consider whether the deceased's failure to make provision for the plaintiff was, in the words of the statute, "inequitable having regard to the financial resources of the deceased and the circumstances of the plaintiff." The court also needed to determine whether the plaintiff's failure to comply with his taxation obligations impacted his entitlement to a family provision order.

The court found that the deceased and the plaintiff had a period of estrangement, but they had reconciled before the deceased's death. The court noted that the evidence of the deceased's financial circumstances was incomplete and drew inferences from the available evidence. The court held that the deceased had modest means and the estate was small. The court also found that the plaintiff's failure to comply with his taxation obligations did not negate his entitlement to a family provision order. The court made an order for the payment of a lump sum to the plaintiff from the estate.