Revell v Revell

The plaintiff, a 60-year-old son of the deceased, applied for a family provision order under section 9 of the Succession Act 2006 (NSW). The deceased had left a will that included a substantial legacy of $1.5 million to the plaintiff. Despite this, the plaintiff argued that the provision made for him was inadequate. The court had to decide whether the plaintiff was entitled to a family provision order and, if so, the amount and whether the plaintiff should bear the costs of the proceedings.

The primary legal issues before the court were whether the provision made for the plaintiff was inadequate, considering the freedom of testamentary disposition and the relevance of a statement from the deceased under section 100 of the Succession Act. The court also needed to consider the factors prescribed by section 11(2) of the Act in determining whether to make an order and, if so, the nature and extent of the order. Furthermore, the court had to decide how the burden of costs of the proceedings would be borne.

The court found that the deceased had made a significant testamentary provision for the plaintiff, amounting to $1.5 million. The court noted that the deceased's statement, acknowledging that the plaintiff would need to support his siblings, was relevant but did not compel a finding of inadequacy. The court examined the relevant factors under section 11(2) of the Act and determined that the provision made for the plaintiff was not inadequate. Consequently, the court dismissed the plaintiff's application. The court exercised its discretion under section 12 of the Act to order that the plaintiff bear his own costs of the proceedings.