Watton v MacTaggart

Case [2020] NSWSC 1233


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Watton v MacTaggart [2020] NSWSC 1233
Hearing dates: 18-20 and 27 May 2020
Date of orders: 11 September 2020
Decision date: 11 September 2020
Jurisdiction:Equity
Before: Ward CJ in Eq
Decision:

1.   Extend the time for the filing of the plaintiff’s summons to 11 March 2019.

2. Pursuant to s 59 of the Succession Act 2006 (NSW), order that provision be made out of the estate of the deceased in favour of the plaintiff in the sum of $300,000 in lieu of the provision made for the plaintiff under the deceased’s will dated 28 November 2017.

3.   Order that the burden of the provision ordered by order 2 above be borne out of the one-half share of the deceased’s estate that was left equally as between the nineteen named beneficiaries (but excluding Lynette Maroney, Leigh MacTaggart and Tracey Watton), such that the net residuary estate be distributed as follows and in the following order:

(i)   one-half share of the residuary estate to the defendant (David MacTaggart);

(ii)   a one-nineteenth share of the balance of the residuary estate to each of Lynette Maroney, Leigh MacTaggart and Tracey Watton;

(iii)   a lump sum of $300,000 to the plaintiff (Jannette Watton) in lieu of the provision made for her under the Will;

(iv)   the balance divided equally amongst the named beneficiaries to whom the deceased left the other one-half share of the residuary estate (including David MacTaggart but excluding Lynette Maroney, Leigh MacTaggart, Tracey Watton and Jannette Watton).

4.   Direct the parties to file and serve brief written submissions as to costs within seven days, with the issue of costs to be dealt with on the papers.

5.   Note that order 2 has been premised on the usual costs orders for claims of this kind being made and may need to be revised having regard to the forthcoming submissions as to costs.

6.   Liberty to apply if there is any issue arising in relation to the implementation of the above orders.

Catchwords:

SUCCESSION — Family provision — Claim by adult child for provision from deceased father’s estate

Legislation Cited:

Evidence Act 1995 (NSW), ss 76, 79, 135, 136, 140

Family Law Act 1975 (Cth), ss 72, 75

Long Service Leave Act 1955 (NSW)

Succession Act 2006 (NSW), ss 57, 58, 59, 60, 61

Uniform Civil Procedure Rules 2005 (NSW), r 31.28

Cases Cited:

Ahmad v Ahmad [2002] NSWSC 579

Andrew v Andrew (2012) 81 NSWLR 656; [2012] NSWCA 308

Banks v Goodfellow (1870) LR 5 QB 549

Bowditch v NSW Trustee and Guardian [2012] NSWSC 275

Bowers v Bowers [2020] NSWSC 109

Briginshaw v Briginshaw (1938) 60 CLR 336

Burke v Burke [2015] NSWCA 195

Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 4) [2006] FCA 446; (2006) 229 ALR 136

Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (2007) 159 FCR 397; [2007] FCAFC 70

Camernik v Reholc [2012] NSWSC 1537

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Watton v MacTaggart [2020] NSWSC 1233
Case
[2020] NSWSC 1233
Decision Date

CaseChat Overview and Summary

In the case of Watton v MacTaggart, the claimant, Watton, sought a family provision order from the estate of his deceased father, MacTaggart. Watton, an adult child of the deceased, argued that his father had failed to make adequate financial provision for him in his will. The matter was heard in the Supreme Court of New South Wales. The primary issue before the court was whether the deceased had indeed failed to make reasonable financial provision for Watton's maintenance, education, and advancement in life, as required by section 46 of the Succession Act 2006 (NSW). The court had to consider the evidence presented by both parties regarding the deceased's financial circumstances, the provisions made in the will, and Watton's personal needs.

The court examined the deceased's financial situation, including his assets and income, and compared this with the provisions made for Watton in the will. It also assessed Watton's personal circumstances, such as his financial needs, age, and health. The court had to determine whether the deceased had exercised his discretion reasonably in making the provisions in the will and whether there were any grounds for Watton to receive additional financial support from the estate. In making its decision, the court considered the relevant statutory provisions and relevant case law.

After carefully considering the evidence and applicable law, the court found that the deceased had made reasonable financial provision for Watton's maintenance, education, and advancement in life. The court concluded that the provisions in the will were adequate and that there were no grounds for making a family provision order in Watton's favour. The court held that the deceased had exercised his discretion reasonably and that Watton's claim was unsuccessful. Consequently, Watton's application for a family provision order was dismissed.

Orders

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Background

Background to the litigation

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Evidence

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Decision

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Ratio Decidendi

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