Morier v Liem

The case of Morier v Liem involved a dispute over family provision under the Succession Act 2006 (NSW). The Plaintiff sought a family provision order against the estate of their deceased father, contesting the adequacy of the provisions made in the father's Will. The Defendant, who was the executor and wife of the deceased at the time of his death, opposed the Plaintiff's claim. The matter was heard in the Supreme Court of New South Wales.

The central legal issues were whether the Plaintiff was eligible to make a claim under the Act as a child of the deceased, and if the presumptions of eligibility were rebutted by the deceased's statements. Additionally, the court needed to determine whether adequate and proper provision had been made in the Will and if the notional estate should include the deceased's interest in jointly held property. The court also had to decide on the nature and quantum of any provision that should be made for the Plaintiff.

The court held that the Plaintiff was not eligible to make a claim as a child of the deceased because the presumptions of eligibility were not rebutted. The court was not satisfied that the Plaintiff had established the necessary connection with the deceased. Additionally, the court found that the Defendant had made adequate and proper provision for the Plaintiff in the Will. The court also ruled that the notional estate did not include the deceased's interest in the jointly held property. Consequently, the Plaintiff's application for a family provision order was dismissed.

In conclusion, the court's decision was that the Plaintiff's claim was not eligible under the Succession Act, and the Defendant's provision in the Will was deemed adequate and proper. The Plaintiff's application for a family provision order was dismissed, and no order was made designating the deceased's interest in jointly held property as the notional estate.