Lloyd-Williams v Mayfield

Case [2005] NSWCA 189


Reported Decision:

63 NSWLR 1

Court of Appeal


CITATION:

LLOYD-WILLIAMS v MAYFIELD [2005] NSWCA 189

HEARING DATE(S):

02//05/2004

 
JUDGMENT DATE: 


7 June 2005

JUDGMENT OF:

Giles JA at 1; Bryson JA at 2; Stein AJA at 45

DECISION:

Appeal dismissed. Costs orders see [44].

CATCHWORDS:

FAMILY PROVISION – adult daughter – large estate – father died intestate aged 85 – share of estate passed to daughter aged 57 – daughter supported and housed by family rural enterprise principally owned by husband and conducted by family members including son and son-in-law – no pressing need for maintenance - $41,079 under intestacy to daughter, notional estate $5,345,661 on survivorship to widow (W2) who died after 16 months, thence under widow’s will to father’s niece – White J awarded $850,000 referable to advancement – niece appealed and contended for $150,000 – examination of reasoning leading to award and assessing amount – no error, appeal dismissed.

LEGISLATION CITED:

Family Provision Act 1982
Wills, Probate and Administration Act 1898

CASES CITED:

Hunter v. Hunter (1987) 8 NSWLR 573
In Re Allen (Deceased), Allen v. Manchester [1922] NZLR 218
Kleinig v. Neal (No. 2) [1981] 2 NSWLR 532
Permanent Trustee Co. Ltd v. Fraser (1995) 36 NSWLR 24
Re Buckland Deceased [1966] VR 404
Singer v Berghouse (No. 2) (1994) 181 CLR 201
Vigolo v. Bostin (2005) 79 ALJR 731

PARTIES:

Suzy Carolyn Lloyd-Williams - Appellant
Barbara Irene Mayfield - Respondent

FILE NUMBER(S):

CA 40548/2004

COUNSEL:

J.R. Wilson S.C. with L. Ellison - Appellant
D. Officer QC with N. Murray - Respondent

SOLICITORS:

Brophy Bridge & Mirow - Appellant
Berne Murray & Tout - Respondent

LOWER COURT JURISDICTION:

Supreme Court - Equity Division

LOWER COURT FILE NUMBER(S):

E/D 3186/01

LOWER COURT JUDICIAL OFFICER:

White J



                          40548 of 2004

                          GILES JA
                          BRYSON JA
                          STEIN AJA

                          TUESDAY 7 JUNE 2005
SUZY CAROLYN LLOYD-WILLIAMS v. BARBARA IRENE MAYFIELD
Judgment

1 GILES JA: I agree with Bryson JA.

2 BRYSON JA: The appellant, defendant in the Equity Division, appeals against orders made by White J on 15 June 2004, for reasons published on 31 May 2004, by which the respondent, plaintiff in the Equity Division, is to be paid a legacy in the sum of $850,000 out of the notional estate of the late Mr Leonard John Stewart (“the deceased”). The appellant contends that White J should have ordered that the respondent be paid a legacy of $150,000. Intervention by the Court of Appeal is subject to the restraint on the exercise of appellate power over discretionary decisions referred to in Singer v Berghouse (No. 2) (1994) 181 CLR 201 at 212.

3 Leonard John Stewart late of Earlwood, New South Wales, died intestate on 31 December 1999 aged 85 years, and the Equity Division granted letters of administration of his estate to his widow Mrs Shirley Stewart on 7 March 2001. Mrs Shirley Stewart died on 7 May 2001, and the appellant is the executrix of her will and sole beneficiary of her estate. The appellant…

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AGLC
Lloyd-Williams v Mayfield [2005] NSWCA 189
Case
[2005] NSWCA 189
Decision Date

CaseChat Overview and Summary

The case of *Lloyd-Williams v Mayfield* concerned an application for provision from the estate of a deceased father, who died intestate at the age of 85. The applicant was his adult daughter, aged 57. The dispute arose because the daughter received a relatively small share of the estate under the rules of intestacy, and she sought further provision. The primary beneficiaries of the estate were the deceased's widow (who died shortly after the deceased) and subsequently the deceased's niece, who was the beneficiary under the widow's will. The daughter was supported and housed by a family rural enterprise, which was principally owned by her husband and conducted by family members, including her son and son-in-law.

The central legal issue before the court was whether the deceased had made adequate provision for the proper maintenance, education, and advancement in life of his daughter. This required the court to assess the daughter's needs and circumstances, particularly in light of her existing support structure, and to determine if the provision made under the intestacy rules was insufficient. The court also had to consider the nature of the "advancement" that the deceased's estate might be expected to provide to an adult child, and the extent to which the daughter had already benefited from family support.

The court, in upholding the primary judge's decision, reasoned that while the daughter had no pressing need for maintenance, the concept of "advancement" could still be relevant for an adult child. The court examined the reasoning that led to the initial award of $850,000, which was referable to advancement, and found no error in the assessment of that amount. The niece, who appealed the decision, contended for a lesser sum of $150,000, but the appellate court found no grounds to interfere with the original award.

Consequently, the appeal was dismissed.

Orders

Orders of the court

Appeal dismissed. Costs orders see [44].

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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