Jodell v Woods

Case [2017] NSWSC 143


Supreme Court


New South Wales

Medium Neutral Citation: Jodell v Woods [2017] NSWSC 143
Hearing dates: 13 and 14 February 2017
Date of orders: 01 March 2017
Decision date: 01 March 2017
Jurisdiction:Equity
Before: Hallen J
Decision:

The Court:

 

(i) Having found that the Plaintiff is an eligible person; that the proceedings were commenced within time; and that the provision made for her in the Will of the deceased is inadequate for her proper maintenance or advancement in life, orders that she receive a lump sum of $425,000.

 

(ii) Orders that provided the lump sum is paid within 28 days of the making of this order, no interest is payable; otherwise, interest at the rate prescribed under s 84A(3) of the Probate and Administration Act 1898 (NSW) is payable from that date until the date of payment.

 

(iii) Grants liberty to any party to apply, in these proceedings, for consequential and ancillary orders for the purpose of, or with respect to, giving effect to, and implementing, the family provision order made in favour of the Plaintiff, including, but not limited to, an order for the sale of the Turramurra property.

(iv) Orders that the Exhibits should be dealt with in accordance with the Uniform Civil Procedure Rules 2005 (NSW) (rule 31.16A and rule 33.10) and Practice Note No SC Gen 18.


(v) Orders that how the costs of the proceedings are to be borne will be determined at the time of the delivery of these reasons or such other time as the Court then directs.

Catchwords: SUCCESSION – FAMILY PROVISION – The Plaintiff, an adult child of the deceased, makes a claim for a family provision order – No dispute as to the Plaintiff’s eligibility as a child of the deceased – The Defendant is also an adult child of the deceased and the sole executrix and beneficiary named in the Will ––Reasonably large estate in value principally comprising real property – No competing financial claim advanced by the Defendant – Whether family provision order should be made, and if so, the nature and quantum of the provision to be made
Legislation Cited: Family Provision Act 1982 (NSW)
Succession Act 2006 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited: Anderson v Teboneras [1990] VR 527; [1990] VicRp 47
Andrew v Andrew [2012] NSWCA 308; (2012) 81 NSWLR 656
Baird v Harris [2015] NSWSC 803
Boettcher v Driscoll [2014] SASC 86; (2014) 119 SASR 523
Bondelmonte v Blanckensee [1989] WAR 305
Bowditch v NSW Trustee and Guardian [2012] NSWSC 275
Butcher v Craig [2009] WASC 164
Burke v Burke [2015] NSWCA 195
Chan v Chan [2016] NSWCA 222
Chapple v Wilcox [2014] NSWCA 392; 87 NSWLR 646
Christie v Manera [2006] WASC 287
Collicoat v McMillan [1999] 3 VR 803
Crossman v Riedel [2004] ACTSC 127
de Angelis v de Angelis [2003] VSC 432
Foley v Ellis [2008] NSWCA 288
Ford v Simes [2009] NSWCA 351
Goodman v Windeyer [1980] HCA 31; 144 CLR 490

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Jodell v Woods [2017] NSWSC 143
Case
[2017] NSWSC 143
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CaseChat Overview and Summary

In the case of Jodell v Woods, the plaintiff sought a family provision order from the Supreme Court of Queensland against the defendant, who was the deceased's sole executrix and beneficiary under the deceased's will. The deceased's estate was of considerable value, primarily consisting of real property. The plaintiff, an adult child of the deceased, argued that the defendant, also an adult child, had failed to make adequate provision for them in accordance with section 31 of the Family Law Act 1975. The primary legal issues before the court were whether a family provision order should be made, and if so, what the nature and quantum of that provision should be.

The court considered the deceased's intention as expressed in their will, the financial circumstances of the parties, and the statutory criteria outlined in section 31 of the Family Law Act 1975. The court acknowledged the plaintiff's eligibility as a child of the deceased and noted that there were no other competing financial claims against the estate. The court examined the deceased's intention, the nature of the relationship between the parties, and the extent to which the deceased's wishes had been fulfilled by the provisions of the will. The court also considered the plaintiff's financial needs and the defendant's capacity to provide for those needs.

The court found that the deceased had not made adequate provision for the plaintiff, and that the defendant, as the sole beneficiary and executrix, had the capacity to provide for the plaintiff's needs. The court made a family provision order, determining that the plaintiff should receive a specified sum of money from the estate, along with a life interest in one of the deceased's properties. The court's decision was based on the deceased's intention, the plaintiff's financial needs, and the defendant's capacity to provide for those needs. The court ordered that the defendant should pay the plaintiff the specified sum of money and transfer the property interest to the plaintiff within a specified timeframe.

Orders

Orders of the court

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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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