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August 29, 2017 |

Grandson contesting a will in NSW $10,000 from will plus $56,500 by court order.

Size of the Estate:

 The deceased estate comprised property and $532,782 in cash. The plaintiff had lived in the property from 2004 until the death of the deceased in 2012.

Summary:

Probate was granted on 13 September 2012.The plaintiff was a grandson of the deceased who died in 2012. By her will made on 29 July 2010 the deceased left: $10,000 to her son; $50,000 each of the son’s children; $10,000 to her daughter; $20,000 to her daughter’s daughter and $10,000 to her daughter’s son (the plaintiff). The deceased also left $50,000 each to her three great grandchildren. In addition, she left $5,000 to her friend and neighbour, $40,000 to the Royal North Shore Hospital, $20,000 to the Children's Hospital and $20,000 to the Guide Dogs NSW/ACT. The residue of her estate was left to another.

About the Claimant:

The claimant had lived in the deceased property from 2004 until the death of the deceased in 2012. The claimant was not in good financial circumstances and although the estate was not large and the claimant was already named in the will to receive a small amount the judge was of the view the claimant required further provision and ordered that the plaintiff's costs of and incidental to these proceedings be paid out of the estate on the ordinary basis assessed as a lump sum of $35,790.00. 

About the Defendant:

Ordered that the defendants' costs of and incidental to these proceedings be paid out of the estate on the indemnity basis assessed as a lump sum of $58,903.00.

Court Order:

The Judge having found that the plaintiff was an eligible person and that inadequate provision had been made for his proper maintenance or advancement in life and that there were factors warranting the making of further provision ordered that in addition to the sum of $10,000 referred to in the will made on 29 July 2010 (the "Will") provision be made for him from her estate in the sum of $56,500 (the "Additional Provision"). 

Eric Butler.

 

doyles Law Society of NSW STEP Law Society of New South Wales Queensland Law Society Law Institute Victoria

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1800 960 156

Sydney

Eric Butler, SolicitorEric Butler, Will Dispute Solicitor in NSW, Victoria & Queensland Level 13, 111 Elizabeth Street ,
Sydney NSW 2000
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i 1800 960 156

i (02) 4067 4118

Melbourne

Eric Butler, SolicitorEric Butler, Will Dispute Solicitor in NSW, Victoria & Queensland Level 11, 456 Lonsdale Street,
Melbourne VIC 3000
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i 1800 960 156

Brisbane

Eric Butler, SolicitorEric Butler, Will Dispute Solicitor in NSW, Victoria & Queensland Level 10, 95 North Quay,
Brisbane Brisbane QLD 4000
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i 1800 960 156

Newcastle

Eric Butler, SolicitorEric Butler, Will Dispute Solicitor in NSW, Victoria & Queensland Level 1, 45 Hunter Street,
Newcastle NSW 2300
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i 1800 960 156

i (02) 4067 4118