PROBATE and FAMILY PROVISION — Three different proceedings — One for letters of administration with foreign will annexed -Parties agree on orders to be made — Further amendment of amended Summons to include construction of the foreign Will — Second claim by the daughter and grandchild of each parent and grandparent respectively for a family provision order under Family Provision Act 1983 and Succession Act 2006 respectively — The proceedings commenced out of time — The brother and applicant for administration of father and grandfather's foreign Will joined to represent the estate — Opposes the claim for family provision order in each case — Whether factors warranting the making of the grandchild's application in each case — Whether the provision made for each is adequate — If not, whether family provision order should be made — Third proceedings to revoke Probate of mother's will made to daughter — Unnecessary to decide because of agreement of the parties — Costs the only issue in third proceedings.
Case Details
Citation[2012] NSWSC 1485
CourtNSWSC
JurisdictionNew South Wales
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