Sherry v Manasseh

Sherry v Manasseh is a family provision matter involving the estate of the deceased, with the plaintiff, Sherry, seeking a larger share of the estate than she was bequeathed. Sherry, an adult daughter, contends that the estate, left equally among her and her siblings, does not adequately provide for her proper maintenance and advancement in life. The case was heard in the Supreme Court of New South Wales. Sherry's father had made a written "Direction" before his death, which expressed his wishes regarding the division of his estate, but this document did not form part of the court's consideration.

The court was required to determine whether Sherry's claim was valid despite being made outside the statutory limitation period and if the defendants' conduct contributed to the delay. Additionally, the court had to assess whether the estate distribution adequately provided for Sherry's needs, considering her financial and material circumstances. The residence Sherry occupies is valuable but requires repair, which has implications for her claim.

The court found that Sherry was aware of the Family Provision Act and the limitation period for claims before the period expired. However, her application was not made within time, and the court did not accept that the defendants' conduct was a cause for the delay. The court also held that the estate distribution did not leave Sherry without adequate provision for her proper maintenance and advancement in life. The defendants had competing claims based on their father's Direction, which was not binding on the court. The plaintiff's application was dismissed.