› Designation of property — discretionary trust assets
Succession
› Family provision
› Quantum — lump sum provision for widow
Quick Take
1Where a deceased's will makes virtually no provision for a surviving spouse of a long marriage, the jurisdictional threshold under s 59(1)(c) of the Succession Act 2006 (NSW) is readily satisfied, even where the spouse has substantial assets acquired by survivorship, because the court must assess adequacy of testamentary provision specifically.
2An applicant for a family provision order who fails to disclose current income and expenditure risks dismissal of the claim; however, where some (albeit non-current) evidence exists, the court may estimate income rather than dismiss outright, though the evidentiary deficiency may affect the quantum of provision.
3The court is entitled to take into account that an applicant has adopted an investment strategy yielding an insubstantial return on capital, and the deceased's obligation to provide is not necessarily measured by reference to that low return.
Case Details
Citation[2011] NSWSC 504
CourtNSWSC
JurisdictionNew South Wales
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