JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: MILLS -v- PILLER [2017] WASC 45
CORAM: ACTING MASTER STRK
HEARD: 16 NOVEMBER 2016
DELIVERED : 23 FEBRUARY 2017
FILE NO/S: CIV 2696 of 2015
BETWEEN: KAYE MILLS
Plaintiff
AND
HELEN PILLER as Executor of the Estate of LUBA CHRISTOU
First DefendantMENKA COLLINS as Executor of the Estate of LUBA CHRISTOU
Second DefendantJOHN CHRISTOU as Beneficiary of the Estate of LUBA CHRISTOU
Third DefendantMENKA COLLINS as Beneficiary of the Estate of LUBA CHRISTOU
Fourth DefendantHELEN PILLER as Beneficiary of the Estate of LUBA CHRISTOU
Fifth DefendantJAMES CHRISTOU as Beneficiary of the Estate of LUBA CHRISTOU
Sixth Defendant
Catchwords:
Family Provision Act 1972 (WA) - Claim by adult daughter - Whether further provision ought to be made - Turns on own facts
Legislation:
Family Provision Act 1972 (WA)
Non-Contentious Probate Rules 1967 (WA)
Result:
Application dismissed
Category: B
Representation:
Counsel:
Plaintiff: Ms W F Gillan
First Defendant : Mr M Curwood
Second Defendant : Mr M Curwood
Third Defendant : In person
Fourth Defendant : Mr M Curwood
Fifth Defendant : Mr M Curwood
Sixth Defendant : In person
Solicitors:
Plaintiff: Armstrong Legal
First Defendant : Kitto & Kitto
Second Defendant : Kitto & Kitto
Third Defendant : In person
Fourth Defendant : Kitto & Kitto
Fifth Defendant : Kitto & Kitto
Sixth Defendant : In person
Case(s) referred to in judgment(s):
Baxter v Baxter [2014] VSC 377
Blore v Lang (1960) 104 CLR 124
Braun v Australian Executor Trustees Ltd [2014] WASC 210
Briginshaw v Briginshaw (1938) 60 CLR 336
Butcher v Craig [2010] WASCA 92
Chappell v Hewson [2013] WASCA 15
Devereaux‑Warnes v Hall [No 3] [2007] WASCA 235; (2007) 35 WAR 127
Goodman v Windeyer (1980) 144 CLR 490
Grey v Harrison [1997] 2 VR 359
Kennedy v Kennedy [2016] WASC 210
Kitson v Franks [2001] WASCA 134
Pontifical Society for the Propagation of Faith v Scales (1962) 107 CLR 9
Salmon v Osmond [2015] NSWCA 42
Singer v Berghouse (No 2) [1994] HCA 40; (1994) 181 CLR 201
ACTING MASTER STRK: By an amended originating summons, the plaintiff (Ms Kaye Mills) seeks an order under s 6 of the Family Provision Act 1972 (WA) (Family Provision Act) that adequate provision be made out of the estate of the late Luba Christou for her proper maintenance, support, education and advancement in life.
Background
Ms Luba Christou, late of 114 Vincent Street, North Perth (the deceased) died on 3 April 2015 aged 83. The deceased was survived by her five adult children. They are the plaintiff (Ms Mills), the first and fifth defendant (Ms Helen Piller), the second and fourth defendant (Ms Menka Collins), the third defendant (Mr John Christou), and the sixth defendant (Mr James Christou).
The deceased made her will on 24 January 2003. Probate of that will was…
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- AGLC
- Mills v Piller [2017] WASC 45
- Case
- [2017] WASC 45
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the provisions made in the deceased's will were sufficient and whether the court should exercise its discretion to make further provision under the Act. The court needed to consider the relevant statutory criteria, including the nature of the relationship between the applicant and the deceased, the extent to which the applicant was financially dependent on the deceased, and whether the deceased's estate was of a value that warranted further provision. The court also had to weigh the deceased's intentions as expressed in the will against the applicant's need for additional support.
In reaching its decision, the court meticulously reviewed the deceased's testamentary intentions and the financial circumstances of both the deceased and the applicant. It was found that the deceased had made a substantial provision for the applicant, taking into account the family's overall financial situation. The court concluded that the deceased's will had reflected his wishes and that the provisions made were adequate. Given the statutory criteria and the evidence presented, the court determined that there was no need for further provision to be made from the estate.
The court's final orders dismissed the applicant's claim, confirming that the provisions made in the deceased's will were sufficient and that no further provision was required. The decision underscored the importance of considering both the statutory criteria and the deceased's intentions in such matters.
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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