John Xavier Ogburn v Marita Beresford Ogburn; Dominic Ogburn v Marita Beresford Ogburn

[2012] NSWSC 79

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. SUCCESSION — family provision and maintenance — position of adult children — position of widow — legitimate expectation of widow to maintain way of life shared with deceased — where married to deceased for approximately 30 years and contributed to purchase of property which forms part of estate — where property forms important part of widow's and deceased's shared lives. SUCCESSION — family provision and maintenance — notional estate — interrelation of question whether a notional estate order should be made and whether family provision order should be made — moral obligation to make adequate provision held not to outweigh moral obligation to widow -order made in relation to property acquired only for investment purposes.