Justyn Marcus Ng v Neville Mark Morgan; Selena Natanie Ng v Morgan; Commonwealth Bank of Australia v Neville Mark Morgan in his capacity as Administrator of the estate of the late Dell Smith

In this case, the grandchildren, Justyn Marcus Ng and Selena Natanie Ng, sought a family provision order against the estate of their maternal grandmother, Dell Smith, who had recently passed away. The estate was being administered by Neville Mark Morgan, and the Commonwealth Bank of Australia sought possession of one parcel of the deceased's real estate due to the estate defaulting on mortgage repayments. The matter was heard in the Supreme Court of New South Wales. The plaintiffs sought an order for provision under the Succession Act, claiming they were dependent on the deceased and that the will did not adequately provide for their maintenance, education, and advancement in life. They sought either an interest in the property they currently resided in or a legacy, or both.

The court had to determine whether the plaintiffs were dependent on the deceased, the duration of this dependency, and if adequate provision was made for them under the will. The court also needed to consider the factors outlined in Section 60 of the Succession Act to decide if an order for provision was warranted and, if so, what form it should take. Additionally, the court had to decide whether the interim stay granted to the plaintiffs against the Commonwealth Bank executing the order for possession should be continued.

The court found that the plaintiffs were indeed dependent on the deceased and that the will did not make adequate provision for their maintenance, education, and advancement in life. The court held that the plaintiffs were entitled to an order for provision, but not in the form of an interest in the property they were living in, as it was not an asset of the deceased's estate. Instead, the court ordered a legacy of $40,000 for each plaintiff. The court also decided to continue the interim stay against the Commonwealth Bank, allowing the Succession Act proceedings to be finalised before any order for possession was executed.