By Darryl Browne -
Key decisions
- Haertsch v Whiteway [2020] NSWCA 133
- Ng v Lau; In the Estate of Ken Kui Yuen Lau [2020] NSWSC 713
- Li v Choi [2020] QCA 131
- Agostino v Pietrobon [2020] SASC 117
- Estate of Lyn Burtonwood [2020] NSWSC 715
- Green [2020] SASC 90
- Adoption of LVH [2014] NSWSC 1902
- Re Gordon (a pseudonym) (No 2); Application to discharge adoption order [2020] NSWSC 673
- Re GRP [2019] NSWSC 710
- Re Estate of Badstuebner [2020] QSC 144
Appellate decision on notional estate
The facts of Haertsch v Whiteway [2020] NSWCA 133 (Meagher JA, Macfarlan and Leeming JJA agreeing) were summarised in Family provision on death of second spouse in a blended family; order for further provision from notional estate, LSJ, March 2020, p100-101. The first instance decision has been overturned on appeal. The Court of Appeal has decided that a notional estate order cannot be made under the Family Provision Act against the executor or beneficiary of an estate of a person who was the beneficiary of the distributed estate for which the notional estate order is sought (at [48]–[49]). Also, an important consideration in extending the time to bring an application for family provision is the prejudice suffered by other beneficiaries by reason of the delay. That prejudice may be suffered by beneficiaries of a deceased beneficiary of the challenged estate (at [69]–[74]).
