Strang v Steiner

This matter concerned appeals and a cross-appeal from family provision orders made under the *Succession Act 2006* (NSW). The primary dispute involved claims for provision from the estate of the deceased, Mr. Strang, by his son, John Steiner, and his daughter, Robyn Webster. The appeals challenged the original court's exercise of discretion in making additional provision from the estate and determining who should bear the burden of those provisions.

The court was required to determine whether the original court had miscarried its discretion in ordering additional provision for the claimants and, if so, whether the amounts of those provisions should be reduced. Furthermore, the court had to consider whether the original court had erred in its determination of which beneficiaries should bear the burden of any additional provision ordered. The standard of review applicable to appeals from family provision orders under s 59(1)(c) of the *Succession Act 2006* (NSW) was also a key consideration.

The appellate court allowed the appeal in relation to John Steiner's claim, varying the original orders by deleting specific provisions relating to his entitlement. In respect of Robyn Webster's claim, the appeal was allowed in part, with variations made to the original order to include an additional amount. The cross-appeal was also allowed, with variations to an order concerning a legacy payable to Elizabeth Fuggle. The court ordered that the costs of the appeals be paid out of the estate on an indemnity basis, while the costs of the cross-appeal were to be paid by the cross-respondents.