SUCCESSION — Family provision and maintenance — pre-nuptial agreement — mutual releases — rights under Family Provision Act — whether release of rights should be approved after death of one of parties — Family Provision Act, s 31- extent of circumstances considered on approval — HELD — inadequate explanation of release — due consideration to release not given — Family Provision Act, s 31(5)(d) — further whether adequate provision made for widow and daughter of deceased — Family Provision Act s 7 and s 9 — daughter not provided for in will — assets bequeathed to widow produce uncertain income — what is necessary for the "proper" maintenance, education and advancement in life of the widow and child of the deceased — HELD — inadequate provision made by deceased out of his estate for the proper maintenance, education and advancement in life of daughter — and inadequate provision made for advancement in life of widow — further provision made in favour of widow and daughter. TRUSTS — resulting trusts — deceased purchases property in his own name — evidence that purchase funded by trustee company not deceased — HELD — deceased holds property on resulting trust for company.
Case Details
Citation[2011] NSWSC 87
CourtNSWSC
JurisdictionNew South Wales
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