Riches v Margaret Ann Holdman as Executrix of the Estate of Rita May Anderson

Case

[2001] WASC 321


Details
AGLC Case Decision Date
Riches v Margaret Ann Holdman as Executrix of the Estate of Rita May Anderson [2001] WASC 321 [2001] WASC 321

CaseChat Overview and Summary

The case Riches v Margaret Ann Holdman as Executrix of the Estate of Rita May Anderson was heard by Pullin J in the Supreme Court of Western Australia. The plaintiff, Lorraine Kay Riches, sought additional provisions from the estate of her mother, Rita May Anderson, who had passed away on 20 March 1999. The defendants, Margaret Ann Holdman as Executrix of the Estate of Rita May Anderson and other defendants, denied the claim. The court was required to decide whether the bequest in the will was adequate provision for the proper advancement in life of Mrs Riches, and if not, whether further provision should be made for her. The court found that the bequest in the will was not adequate provision for the proper advancement in life of Mrs Riches and exercised its discretion to make further provision for her. The court ordered that the balance of the assets in the estate should be disposed of and the proceeds divided so that Mrs Riches receives 25 per cent and Mrs Holdman receives 75 per cent of the remainder, after the bequests of the piano and the steam engine have been made.
Details

Areas of Law

  • Succession Law

Legal Concepts

  • Testator's Family Maintenance

  • Inadequate Provision for Advancement

  • Estrangement

Actions
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Cases Citing This Decision

4

Marks v Marks [2003] WASCA 297
Marks v Marks [2003] WASCA 297
Cases Cited

14

Statutory Material Cited

0

Singer v Berghouse [1994] HCA 40
Singer v Berghouse [1994] HCA 40
Andrew v Andrew [2012] NSWCA 308