SUCCESSION — Deceased dies intestate — whether cross-claimant is an "eligible person" under Succession Act, s 57 able to make a claim for family provision against his estate — cross-claimant claims to be in a domestic relationship with the deceased for at least seven years before his death — if so, whether adequate provision made for the proper maintenance, education and advancement in life of the cross-claimant — whether an order for provision should be made under Succession Act, s 59 — whether adequate provision made for the proper maintenance, education and advancement in life of the deceased's two children, the plaintiffs — whether an order for provision should be made in favour of the plaintiffs under Succession Act, s 59 — HELD: domestic relationship exists between the cross-claimant and the deceased at the time of his death and for approximately seven years before — cross-claimant an eligible person — adequate provision for the cross-claimant's maintenance, education and advancement in life not made — order for provision out of the deceased's estate made — adequate provision for the plaintiffs maintenance, education and advancement in life not made — order for provision made from the deceased's estate.
Case Details
Citation[2013] NSWSC 1166
CourtNSWSC
JurisdictionNew South Wales
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