Ogden v Green

The appeal concerned a claim for provision from the estate of the deceased, Mr. Ogden, brought by his adult daughter, Ms. Green. The primary issue before the Court of Appeal of New South Wales was whether the provision made for Ms. Green under Mr. Ogden's will was excessive, as argued by the executor of the estate.

The court was required to determine whether the primary judge had erred in making an order for provision from the estate to Ms. Green, and if so, whether that provision was more than adequate for her proper maintenance, education, and advancement in life. This involved a consideration of the deceased's responsibilities to his daughter and the daughter's own circumstances and needs.

The court affirmed the principles governing family provision claims, particularly in relation to adult children. It was held that the primary judge had correctly assessed the deceased's moral obligations to his daughter, taking into account her financial position and the overall circumstances. The court found no error in the primary judge's conclusion that the provision made was not excessive, but rather was necessary for the proper maintenance and advancement of Ms. Green.

The appeal was accordingly dismissed, with the executor ordered to pay the costs of Ms. Green.