Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Leverton v Predny [2024] NSWSC 1638 Hearing dates: 30 September,1 October 2024 Decision date: 19 December 2024 Jurisdiction: Equity Before: Kunc J Decision: Family provision orders made for each plaintiff
Catchwords: SUCCESSION — Family provision — Claim by two adult children — Whether adequate and proper provision not made for the plaintiffs and, if so, the nature and quantum of the provision to be made
Legislation Cited: Evidence Act 1995 (NSW) s 144
Succession Act 2006 (NSW) ss 59 and 60
Cases Cited: Bassett v Bassett [2021] NSWCA 320
Burke v Burke [2015] NSWCA 195
Estate MPS, deceased [2017] NSWSC 482
Category: Principal judgment Parties: Adam Leverton (First Plaintiff)
Alicia Leverton (Second Plaintiff)
David Predny (First Defendant)
Agnes Day (Second Defendant)Representation: Counsel:
S Chapple SC (First and Second Plaintiffs)
A Hill (First and Second Defendants)
Solicitors:
McIntyre Legal (First and Second Plaintiffs)
Fowler Predny Legal (First and Second Defendants)
File Number(s): 2023/237998 Publication restriction: None
JUDGMENT
Summary
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Few, if any, families are without complex relationships, moments of strain, decisions taken by some family members bemusing others, and words spoken and deeds done that come to be regretted. Yet notwithstanding all of these issues, even difficult family relationships often remain underpinned by a shared sense of affection. All these characteristics are demonstrated by the family at the centre of this case, which also offers a sobering example of how destructive family provision proceedings can be of relationships between the protagonists. Without disrespect, I shall refer to the parties and other protagonists by their given names.
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Adam Leverton and Alicia Leverton (the plaintiffs) are the children of Cheryl Leverton and Phillip Leverton. Adam was born in 1984 and Alicia was born in 1986. Cheryl and Phillip had married in 1982 and separated in 2013. Adam, Alicia and several members of Cheryl’s family all acknowledge that Cheryl and Phillip’s marriage was often an unhappy one.
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Phillip died unexpectedly in September 2014. Phillip’s final will was made on 15 November 1999, 14 years before he and Cheryl separated. That will provided for the whole of Phillip’s estate to pass to Cheryl. Among other things, Phillip’s will was a source of tension between Cheryl and Adam and Alicia. Both Adam and Alicia acknowledge they were surprised that their father left his entire estate to Cheryl, notwithstanding that Phillip and Cheryl had separated in 2013. Both believed that Phillip had made a later will which also included provision for them.
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In late 2015, both Adam and Alicia commenced family provision proceedings against Cheryl in her capacity as the executor of Phillip’s estate. The proceedings were settled in April 2016. Adam and Alicia each received $65,000 and $15,916.57 towards costs. Cheryl received the balance of the estate, valued at approximately $1.8 million.
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In June 2021, Cheryl was diagnosed with breast cancer. She died on 18 August 2022. Cheryl’s…
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- AGLC
- Leverton v Predny [2024] NSWSC 1638
- Case
- [2024] NSWSC 1638
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the father had failed to make adequate and proper provision for the plaintiffs and, if so, what provision should be made for them. The court considered the provisions of the Family Provision Act, which allows the court to make orders for the benefit of a person who has been inadequately provided for in a deceased person’s will. The court also considered the relevant common law principles that apply in determining whether provision has been made for a beneficiary. The court had to assess the nature and quantum of the provision to be made for the plaintiffs, taking into account the relevant statutory and common law principles.
The court found that the father had not made adequate and proper provision for the plaintiffs. It determined that the plaintiffs were in need of financial support and that the father had failed to make proper provision for them. The court considered the financial circumstances of the plaintiffs and the estate, as well as the relationship between the father and the plaintiffs. It made an order that the plaintiffs were to receive a sum of money from the estate. The court also made orders for the costs of the proceedings.
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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