JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: LARKAN -v- LARKAN [2022] WASC 169
CORAM: STRK J
HEARD: 20 JULY 2021
DELIVERED : 16 MAY 2022
FILE NO/S: CIV 1046 of 2021
BETWEEN: DIANE LARKAN
First Plaintiff
WILLIAM TROY LARKAN
Second Plaintiff
RYAN JAMES LARKAN by next friend JUDITH ANGELA BELL
Third Plaintiff
AND
TIMOTHY LARKAN as executor of the estate of CLINTON LARKAN
First Defendant
TIMOTHY LARKAN beneficiary of the estate CLINTON LARKAN
Second Defendant
HENDRINA LARKAN beneficiary of the estate CLINTON LARKAN
Third Defendant
FREDERICK ALBERT LARKAN BENEFICIARY OF THE ESTATE CLINTON LARKAN by guardian ad litem JAMES PAUL GORTON
Fourth Defendant
ERICK JOHN LARKAN beneficiary of the estate CLINTON LARKAN
Fifth Defendant
DONALD JAMES LARKAN beneficiary of the estate CLINTON LARKAN
Sixth Defendant
VICKY GORTON beneficiary of the estate CLINTON LARKAN
Seventh Defendant
Catchwords:
Family Provision Act 1971 (WA) - Application for extension of time - Turns on own facts
Legislation:
Family Provision Act 1972 (WA)
Result:
Leave granted
Category: B
Representation:
Counsel:
| First Plaintiff | : | VL Mountain & N Milosevic |
| Second Plaintiff | : | VL Mountain & N Milosevic |
| Third Plaintiff | : | VL Mountain & N Milosevic |
| First Defendant | : | PJ Hannan & EBB Ryan |
| Second Defendant | : | JM Binstead |
| Third Defendant | : | JM Binstead |
| Fourth Defendant | : | JM Binstead |
| Fifth Defendant | : | JM Binstead |
| Sixth Defendant | : | JM Binstead |
| Seventh Defendant | : | JM Binstead |
Solicitors:
| First Plaintiff | : | Mountains Lawyers |
| Second Plaintiff | : | Mountains Lawyers |
| Third Plaintiff | : | Mountains Lawyers |
| First Defendant | : | Butlers Lawyers & Notaries |
| Second Defendant | : | Durey Legal |
| Third Defendant | : | Durey Legal |
| Fourth Defendant | : | Durey Legal |
| Fifth Defendant | : | Durey Legal |
| Sixth Defendant | : | Durey Legal |
| Seventh Defendant | : | Durey Legal |
Cases referred to in decision:
Ancell v Dawes [2016] WASC 402
Andre v Perpetual Trustees WA Ltd [2009] WASCA 14
Clayton v Aust (1993) 9 WAR 364
Dijkhuijs (formerly Coney) v Barclay (1988) 13 NSWLR 639
Drake v Bradshaw [2018] WASCA 78
Grigoriou v Nitsos [1999] WASCA 42
Lodin v Lodin [2017] NSWCA 327
O'Shaughnessy v Mantle (1986) 7 NSWLR 143
Re Salmon, Deceased [1981] Ch 167
Scott v Scott [2009] NSWSC 567
STRK J:
Introduction
All but one of the parties to this proceeding share the same surname. In these reasons, I refer to the parties by their first name and I refer to the late Clinton Larkan as the deceased. I do so for convenience and to avoid confusion. No disrespect is intended.
The deceased was diagnosed with lung cancer in about July 2019 and died on 1 December 2019, having executed a will on 12 August 2019. Under the terms of the will, the deceased appointed his brother, Timothy, as executor. Probate was granted on 7 January 2020.
By his will, the deceased made provision for his children, William and Ryan, and for Kylie‑Anne Whittem. Ms Whittem was named as…
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- AGLC
- Larkan v Larkan [2022] WASC 169
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- [2022] WASC 169
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