CITATION: Worsley v Solomon [2008] NSWSC 444 HEARING DATE(S): 20, 21 and 22 November 2007
JUDGMENT DATE :
9 May 2008JUDGMENT OF: McLaughlin AsJ DECISION: 1. I order that, in lieu of the benefit given to her by the will of the late Alfred Keith Solomon (“the Deceased”), the Plaintiff receive a legacy in the sum of $150,000, such legacy not to bear interest if paid on or before 9 July 2008, and if not so paid to bear interest at the rates provided for unpaid legacies by the Probate and Administration Act 1898.
2. I order that the costs of the Plaintiff on the party and party basis and the costs of the Defendant on the indemnity basis be paid out of the estate of the Deceased.
3. The exhibits may be returned.CATCHWORDS: SUCCESSION - family provision - claim by adult daughter - financial and material circumstances of Plaintiff - relationship between Plaintiff and Deceased - statements by Deceased in his will - such statements, whilst admissible need not be unquestionably accepted as true - whether Plaintiff has been left without adequate provision for her proper maintenance - competing claim of Defendant - an order for provision is not made as a reward for services or good conduct - neither is it withheld as punishment for perceived bad conduct. LEGISLATION CITED: Family Provision Act 1982 CATEGORY: Principal judgment CASES CITED: Blore v Lang (1960) 104 CLR 124
Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201
Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 19PARTIES: Robyn Anne Worsley (Plaintiff)
Peter Robert Solomon (Defendant)FILE NUMBER(S): SC 5467 of 2006 COUNSEL: Mr R. Wilson (Plaintiff)
Mr J. Anderson (Defendant)SOLICITORS: Turnbull Hill Lawyers (Plaintiff)
Wayne Boom (Defendant)
IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION
ASSOCIATE JUSTICE McLAUGHLIN
Friday, 9 May 2008
5467 of 2006 ROBYN ANNE WORSLEY –v- PETER ROBERT SOLOMON
JUDGMENT
1 HIS HONOUR: These are proceedings under the Family Provision Act 1982.
2 By summons filed on 25 October 2006 Robyn Anne Worsley claims an order for provision for her maintenance, education and advancement in life out of the estate and/or notional estate of her late father Alfred Keith Solomon (to whom I shall refer as “the Deceased”).
3 The Deceased died on 16 May 2006, aged 79. He left a will dated 2 May 2005, probate whereof was on 6 July 2006 granted to Peter Robert Solomon, the executor named in such will (who is the Defendant to the present proceedings).
4 The Plaintiff and the Defendant are two of the four children of the Deceased, being Robyn Anne (Mrs Worsley), who was born on 31 December 1952 and is presently aged 55; Jann (Mrs Cannon), who was born on 4 May 1959 and is presently aged 49; Judith (Mrs Rorke), who was born on 22 January 1963 and is presently aged 45; and Alfred Keith, who was born on 9 January 1965 and is presently aged…
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- Worsley v Solomon [2008] NSWSC 444
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- [2008] NSWSC 444
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CaseChat Overview and Summary
The court was required to determine whether the plaintiff had been left without adequate provision for her proper maintenance and whether the defendant's claim to the estate was just and equitable. The court noted that the deceased's statements in his will were admissible but did not need to be accepted as unquestionable truth. The court also considered the financial and material circumstances of the plaintiff, as well as her relationship with the deceased.
The court found that the plaintiff had not been left without adequate provision for her proper maintenance. The court held that while the deceased had made provision for the plaintiff in his will, it was not sufficient to meet her needs. The court also found that the defendant's claim to the estate was just and equitable. The court emphasised that an order for provision is not made as a reward for services or good conduct, nor is it withheld as punishment for perceived bad conduct. The court declined to make an order for provision for the plaintiff, finding that the deceased had made adequate provision for her in his will.
The court did not make an order for provision for the plaintiff. The court held that the deceased had made adequate provision for the plaintiff in his will and that the defendant's claim to the estate was just and equitable. The court emphasised that an order for provision is not made as a reward for services or good conduct, nor is it withheld as punishment for perceived bad conduct.
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