Schaechtele v Schaechtele

Case [2008] WASC 148

SCHAECHTELE -v- OTTO WILHELM SCHAECHTELE AS EXECUTOR OF THE WILL OF MARIA REGINA GRUNDNER-SCHAECHTELE [2008] WASC 148



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2008] WASC 148
Case No:CIV:2613/200325 JUNE 2008
Coram:LE MIERE J25/07/08
7Judgment Part:1 of 1
Result: Application to vary deceased's will allowed
B
PDF Version
Parties:OTTO WILHELM SCHAECHTELE
OTTO WILHELM SCHAECHTELE AS EXECUTOR OF THE WILL OF MARIA REGINA GRUNDNER-SCHAECHTELE
WOLFRAM MISSELWITZ

Catchwords:
Succession
Application by widower under Inheritance (Family and Dependants) Act 1972 (WA) for provision from estate of late wife
Settlement
Application to vary deceased's will as agreed by the beneficiaries
Turns on own facts

Legislation:
Inheritance (Family and Dependants Provision) Act 1972 (WA), s 6

Case References:
Hadley v McNamara Re the Estate of Mary Anne McNamara (Unreported, NSWSC, 7 December 1995)
Hore v Perpetual Trustee Co Ltd (Unreported, NSWSC, 8 June 1995)

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : SCHAECHTELE -v- OTTO WILHELM SCHAECHTELE AS EXECUTOR OF THE WILL OF MARIA REGINA GRUNDNER-SCHAECHTELE [2008] WASC 148 CORAM : LE MIERE J HEARD : 25 JUNE 2008 DELIVERED : 25 JULY 2008 FILE NO/S : CIV 2613 of 2003 BETWEEN : OTTO WILHELM SCHAECHTELE
    Plaintiff

    AND

    OTTO WILHELM SCHAECHTELE AS EXECUTOR OF THE WILL OF MARIA REGINA GRUNDNER-SCHAECHTELE
    First Defendant

    WOLFRAM MISSELWITZ
    Second Defendant

Catchwords:

Succession - Application by widower under Inheritance (Family and Dependants) Act 1972 (WA) for provision from estate of late wife - Settlement - Application to vary deceased's will as agreed by the beneficiaries - Turns on own facts


(Page 2)



Legislation:

Inheritance (Family and Dependants Provision) Act 1972 (WA), s 6

Result:

Application to vary deceased's will allowed

Category: B


Representation:

Counsel:


    Plaintiff : Mr T R Stephenson
    First Defendant : Mr T O Coyle
    Second Defendant : Mr T O Coyle

Solicitors:

    Plaintiff : Phillips Legal
    First Defendant : Lavan Legal
    Second Defendant : Lavan Legal



Case(s) referred to in judgment(s):

Hadley v McNamara Re the Estate of Mary Anne McNamara (Unreported, NSWSC, 7 December 1995)
Hore v Perpetual Trustee Co Ltd (Unreported, NSWSC, 8 June 1995)


(Page 3)

1 LE MIERE J: The plaintiff has applied by originating summons for an order that the court make provision out of the estate of Maria Regina Grundner-Schaechtele, deceased, (the Estate) pursuant to the provisions of the Inheritance (Family and Dependants) Provisions Act 1972 (WA) (the Act) on the grounds that the plaintiff was the husband of the deceased immediately before she died and there has been no, or alternatively no proper, provision made for him in the will of the deceased.

2 The parties reached agreement and by consent asked the court to order that the will of the deceased be varied by deleting the clause of the will by which the deceased bequeathed her real estate to the plaintiff and the second defendant equally, subject to certain directions, and replacing it with a provision that the deceased bequeaths her…

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Schaechtele v Schaechtele [2008] WASC 148
Case
[2008] WASC 148
Decision Date

CaseChat Overview and Summary

In Schaechtele v Schaechtele, the widower of the deceased, Mr Schaechtele, applied for a provision from the estate of his late wife under the Inheritance (Family and Dependants) Act 1972 (WA). The application was made in the context of a settlement where the beneficiaries had agreed to vary the deceased's will. The court was required to determine whether the application could be granted based on the unique circumstances of the case. The key issue was whether the application to vary the deceased's will was appropriate, given the agreement of the beneficiaries.

The court considered the statutory provisions of the Inheritance (Family and Dependants) Act 1972 (WA) and the specific circumstances of the case. The application to vary the deceased's will was supported by an agreement among the beneficiaries, which the court found to be a significant factor. The court examined the principles of fairness and the intentions of the deceased as reflected in the will, and concluded that the application should be granted. The court recognised the unique facts of the case and found that the variation of the will was appropriate to achieve a fair and just outcome.

The court's reasoning was based on the unique facts of the case and the agreement of the beneficiaries. The application to vary the deceased's will was allowed, and the court determined that the widower's application for a provision from the estate should be granted. The final orders of the court were that the application to vary the deceased's will was allowed. This decision provides guidance for future cases involving similar issues under the Inheritance (Family and Dependants) Act 1972 (WA).

Orders

Orders of the court

Application to vary deceased's will allowed

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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