Mayfield v Lloyd-Williams

Case [2004] NSWSC 419


CITATION: Barbara Mayfield v Suzy Carolyn Lloyd-Williams [2004] NSWSC 419
HEARING DATE(S): 10/05/04, 11/05/04, 12/05/04, 13/05/04, 14/05/04
JUDGMENT DATE:
31 May 2004
JUDGMENT OF: White J
DECISION: 1. Matter stood over to convenient date within 14 days for purposes of parties to bring in short minutes of order to give effect to reasons; 2. Plaintiff's costs on a party party basis to be paid from the notional estate; 3. Either party may apply for a different costs order. If such an application is to be made, any evidence proposed to be adduced in support of the application to be served on opposite party and copy provided to associate 48 hours prior to time appointed for Short Minutes.
CATCHWORDS: Family Provision Act s 7 and 9 (2) - Proper maintenance and advancement in life - Claim by adult daughter - Father's large notional estate - relevance of needs of non-dependant family members considered - Re Buckland, deceased [1966] VR 404 - Singer v Berghouse (1994) 181 CLR 201.
LEGISLATION CITED: Family Provision Act 1982 (NSW)
Wills Probate and Administration Act 1890
Evidence Act 1995
Administration and Probate Act 1958 (VIC)
CASES CITED: Singer v Berghouse (1994) 181 CLR 201
Re Buckland Deceased [1966] VR 404
Wentworth v Wentworth (1995) 37 NSWLR 703
45 Flers Avenue Pty Lmited v Morgan (1987) 5 ACLC 222
Hughes v National Trustees Executors and Agency Co. of Australasia Pty Ltd (1979) 143 CLR 134
Goodman v Windeyer (1980) 144 CLR 490
Kleinig v Neal [1891] 2 NSWLR 532
Williamson v Repatriation Commission (1986) 10 ALD 19
Bosch v Perpetual Trustee Co Ltd [1938] AC 463 at 478
O'Loughlin v O'Loughlin [2003] NSWCA 99
McCosker v McCosker (1957) 97 CLR 566
Shearer v The Public Trustee; Hawke v The Public Trustee (Young J, (as he then was) 23 March 1998 unreported, BC9801169)
Ogden v Green [2003] NSWCA at [12]
Hyland v Burbidge [2000] NSWSC 12 at [56]
Permanent Trustee Ltd v Fraser (1995) 36 NSWLR 24

PARTIES :

Barbara Irene Mayfield - Estate of Leonard John Stewart
v
Suzy Carolyn Lloyd-Williams in her capacity as executor of the estate of the late Shirley Merna Stewart & Anor
FILE NUMBER(S): SC 3186/01
COUNSEL: Plaintiff: M Aldridge SC, G Moore
Defendant: J Wilson SC, C Dick
SOLICITORS: Plaintiff: Sherrill O'Connor-Sraj
Defendant: Slattery Thompson Solicitors

IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION

WHITE J

Monday 31 May 2004

003186/01 BARBARA IRENE MAYFIELD – ESTATE OF LEONARD JOHN STEWART v SUZY CAROLYN LLOYD-WILLIAMS IN HER CAPACITY AS EXECUTOR OF THE ESTATE OF THE LATE SHIRLEY MERNA STEWART & ANOR

JUDGMENT

1 HIS HONOUR: The plaintiff is the daughter and only surviving child of the late Leonard John Stewart who died on 31 December 1999 aged 85. She seeks an order pursuant to s 7 of the Family Provision Act 1982 (NSW) that provision be made for her maintenance, education and advancement in life out of the notional estate of Mr Stewart.

2 The deceased died intestate.…

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AGLC
Mayfield v Lloyd-Williams [2004] NSWSC 419
Case
[2004] NSWSC 419
Decision Date

CaseChat Overview and Summary

Mayfield brought a claim under the Family Provision Act against the estate of Lloyd-Williams, her deceased father. Mayfield sought a larger provision than the one that had been left to her, arguing that the amount provided for her was inadequate for her proper maintenance and advancement in life. Lloyd-Williams had left a substantial estate, which included properties, investments, and superannuation. The dispute centred on whether the amount that had been provided to Mayfield was reasonable and fair in the context of her father's overall estate and her needs.

The court had to determine whether Mayfield had demonstrated that the provision made for her was inadequate and whether it was just and equitable to increase the provision in light of the father's notional estate and the needs of other family members. The court considered the principles outlined in Re Buckland, deceased [1966] VR 404 and Singer v Berghouse (1994) 181 CLR 201, which emphasise the necessity for a fair and just assessment of the estate in relation to the needs of dependants and non-dependants alike. The court weighed the size and nature of the estate against the specific needs of Mayfield and other family members to decide if the initial provision was fair.

The court concluded that the provision made for Mayfield, while generous, did not fully account for her needs and the substantial nature of her father's estate. It found that an increase in the provision to Mayfield was warranted to ensure her proper maintenance and advancement in life. The court ordered an increase in the provision to Mayfield, reflecting the need for a fair and just outcome considering the overall estate and the individual circumstances of the parties.

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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