Macgregor v Macgregor

Case

[2003] WASC 169


Details
AGLC Case Decision Date
Macgregor v Macgregor [2003] WASC 169 [2003] WASC 169

CaseChat Overview and Summary

The plaintiffs, Jeanette Dawn MacGregor and Dalys Wendy Gillett, sought to have the estate of their late mother, Janet Edna MacGregor, distributed differently to how it had been devised in her will. The defendant, Mervyn Stanley MacGregor, was the executor and sole beneficiary of the will. The will left the entire estate, consisting of the family home, to Mervyn. Jeanette and Dalys sought to have the house sold, with the proceeds distributed equally between the three siblings. Mervyn opposed the application. The court found that the disposition of the estate did not make adequate provision for the proper maintenance or support of Jeanette or Dalys. The court found that it was appropriate for Mrs Macgregor to provide for Mervyn by devising the house to him, but that she should also have made some provision for Jeanette and Dalys. The court ordered that the house be sold and the proceeds distributed as follows: Mervyn was to receive two-thirds of the estate and Jeanette and Dalys were to each receive one-sixth of the estate.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Family Provision

  • Wills and Testamentary Dispositions

  • Maintenance and Support

Actions
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Most Recent Citation
Abbott v Abbott [2025] WASC 30

Cases Citing This Decision

298

Armouti v Nenes [2022] ACTCA 3
Sgro v Thompson [2017] NSWCA 326
Tiburzi v Butler [2017] SASCFC 89
Cases Cited

10

Statutory Material Cited

0

Singer v Berghouse [1994] HCA 40
Singer v Berghouse [1994] HCA 40
Vigolo v Bostin [2002] WASCA 327