By Gregory Sirtes SC and Nicholas Bilinsky -
Snapshot
- The recent case of W v H [2014] NSWSC 1696 sets out the key principles to be applied and the material considerations to take account of when making financial allowances for family members from the estate of a protected person before death.
- Legislative developments (such as chapter 4 of the NSW Trustee and Guardian Act 2009 (NSW)), when seen alongside the Court’s inherent powers, exemplify recent parliamentary endeavours to meet the demands of an ageing population, so that, where necessary, the Court may facilitate the administration of estates, not only after death but before it.
In the recent decision of W v H [2014] NSWSC 1696, the Supreme Court in the exercise of its protective jurisdiction, gave its approval to a family settlement relating to the property of a 94-year-old man, whose estate was subject to a financial management order. In doing so, Lindsay J set out the principles to be applied, and the material considerations to take account of, when making financial allowances for family members from the estate of a protected person.