ABCDEFGHIJKLMNOPQRS
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Estate valueplaintiff win valueJudgeCost Plaintiff/sCost Defendantcost totalCost as %CommentCommentComment
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http://www.austlii.edu.au/cgi-bin/sinosrch.cgi?method=boolean;query=FAMILY%20PROVISION%20ACT;meta=%2Fau;mask_path=au%2Fcases%2Fnsw%2FNSWSC;view=date;offset=0http://www.austlii.edu.au/cgi-bin/sinosrch.cgi?method=boolean;query=SUCCESSION;meta=%2Fau;mask_path=au%2Fcases%2Fnsw%2FNSWSC;view=date;offset=0
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Peterson v McCrohon [2013] NSWSC 144 (12 February 2013)4101940->100,000Macready AsJ1180168996420798051Claim by adult(44yo) estranged stepchild
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Morgan v Bohm [2013] NSWSC 145 (12 February 2013)10250000->225,000Macready AsJ1100014200015300015Claim by mistress / sometimes partner deceased share of property jointly owned with wife designate as notional estate
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Martyn v Martyn [2013] NSWSC 134 (25 February 2013) 39270035000->115,000 35000->115,000Macready AsJ42149237696591817Claim on behalf of 14 & 9 YO children of testator.designate the property of the defendant as notional estateDefendant wife and 8yo daughterDeath and super pay outs included by me in estate value by me
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Westwood v Quilty & Ors [2013] NSWSC 109 (1 March 2013)14072570->175,000 0->20k and 3x 0_10kLindsay J80000052Without absolving the lawyers from all responsibility for this predicament, I have, with some reluctance, come to the conclusion that a substantial reason for the disproportionate costs incurred in the conduct of the proceedings can be found in the conduct of the deceased.
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Nowak v Beska [2013] NSWSC 166 (6 March 2013)4000000->60,000Hallen J37500450008250021Claim by sister that lived with deceased for 4 years in the 60'sshe was partly dependent upon the deceased, at least during the period before about 1967The
deceased had no legal or financial obligations or responsibilities to the
Plaintiff. Nor does being the sister of the deceased,
necessarily, give rise to
any other obligation or responsibility to make adequate provision for the
Plaintiff's proper maintenance
or advancement in life. Equally, the deceased had
no legal or financial obligations or responsibilities to the Defendants. In each
case, however, she may have had a moral obligation to each.
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Mas v The Estate of Gallaty Mas-Gallaty v Gallaty [2013] NSWSC 274 (18 March 2013)2700000->allMcDougall J635005700012050045Case of defacto and son having to spend half of estate to rectify old will after testator disappearance." there is no reason to think that the costs are in any way inappropriate, or that it was inappropriate for the proceedings to be continued to the point of hearing"
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Penberthy v Manasseh [2013] NSWSC 317 (4 April 2013) 16563810->225,000Hallen J1129035100016390311Costs include $45K for settled claim by other sister. Defendant son and sole beneficiary Probate costs $19,427 !! deceased made her last Will about two weeks prior to
her death		The will - no provision made "as they have been assisted financially by myself and
my deceased husband in the
past and they are both well established financially
and own their own homes". 		The Act is not a "Destitute Persons Act", and it is not necessary, therefore, that the applicant should be destitute to succeed in obtaining an order: In re Allardice, Allardice v Allardice (1910) 29 NZLR 959 at 966.
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Szypica v O'Beirne [2013] NSWSC 297 (5 April 2013)1370000$230K ->$280KStevenson J8000060000140000103 day hearing. costs not disclosed estimate used
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Russell v NSW Trustee and Guardian [2013] NSWSC 370 (18 April 2013)76658170 ->DismissedHallen J84091585001425912this judgment went off into the weeds. I guess anticipating an appeal.No provision was made for the Plaintiff, and he was not referred to, otherwise, in the decease's Will.The deceased left a pecuniary legacy of $200,000 to a friend, Hilton Shallala, and the remainder of his estate to be divided equally between five named charities.The Defendant also agreed that in the event the Plaintiff is unsuccessful, the only costs order that should be made is one providing for the Defendant's costs
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Bose v Bose [2013] NSWSC 327 (26 March 2013)DismissedGzell JFailed provision testTried to use FPA to get moneys prior to 21 ?
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McFarlane v Mador [2013] NSWSC 399 (19 April 2013)10388400-470000Windeyer AJ3787055000928709Very short judgmentThe reason she gave was that, "My de facto husband does not work, and makes no attempt to look for employment and earn an income".Estate left to children in trust till 18 for there care.Judge told plaintiff he should get a job.
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Oldereid v Chan [2013] NSWSC 434 (29 April 2013)1370385100K->300K 100K->dismissedBall J1440007500021900016provision for adult sonsBoth sons well off one assets of $500K and other over $2million
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Kohari v Snow [2013] NSWSC 452 (1 May 2013)4800000->55000Hallen J9130210400019530241The Plaintiff (son) was not mentioned in the Will of the deceasedestate left to grand childrenSee par 32 re high costs
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Fairbrother v Fairbrother [2013] NSWSC 461 (3 May 2013)4000dismissedWindeyer AJ12600012400025000025Failed attempt to make life insurance policy notional estate."I would have made an order of a total sum of $250,000"See par 30 costswhether life insurance policy on life of deceased owned by decease's former wife should be designated as notional estatepolicy moneys, amounting in all to $1,613,978 were paid
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Slack v Rogan & Anor ;Palffy v Rogan & Anor [2013] NSWSC 522 (10 May 2013)82600020000->90000White J650007500014000017Defendant costs 112,500 for two proceedings. estimated 75K for FPAafter costs distribution is likely to be about $400,000
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Wheat v Wisbey [2013] NSWSC 537 (13 May 2013)977500$0->50k/40k/35kHallen J4000038000780008Estate would be $0 without notional estateThe Plaintiffs, daughters of the deceased977,500 is notional from joint tenantsJudge "I should mention that it was refreshing to see estimates of costs and disbursements that appeared reasonable."
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Groves v Groves [2013] NSWSC 623 (16 May 201314000000->150000Windeyer AJ950009000018500013Estate primarily made up of notional estate transferred to widow by survivor ship.Plaintiff tossed $150K to pay of mortgageInteresting judge comments as to costs.
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WOODS v cimIno [2013] NSWSC 642 (21 May 2013)1690000Lindsay J1200007JUDGMENT - EX TEMPOREThe costs incurred, on both sides, are, as has sadly become too familiar, a heavy charge on the family's resources.
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Nicholas v Nicholas [2013] NSWSC 697 (4 June 2013) 6716370->85k 0->75K aproxHallen J890004850013750020The Plaintiffs, two grandchildren of the deceasedSee P24 re high costs
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 Harrisson v Skinner [2013] NSWSC 736 (11 June 2013) 338749Dismissed out of timeHallen J33000370007000017Judge suggests defendants should pay cost, but makes no orderPlaintiff no win no fee must pay disbursements Harrisson v Skinner (No 2) [2013] NSWSC 762 (1 July 2013)
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Donaldson v Lawless [2013] NSWSC 861 (28 June 2013) 519000241000 -> dismissedBall J32000370006900013If the parties can reach agreement in relation to costs, I will make orders in chambers to reflect that agreement. If not, I stand the matter over until a date to be fixed with Associate for any argument in relation to costs.
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Bolger & Anor v McDermott & Anor [2013] NSWSC 919 (11 July 2013) 1856679dismissedHallen J35351027145062496034have incurred costs, seemingly, disproportionate to the value of the property interests in disputeP67 to P69 for costs
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Peters v Salmon [2013] NSWSC 953 (19 July 2013) 189000010k->Dismissed 10K ->200KBall J22000016600038600020Farm to son. See P7 for testator reasons
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Walsh v Walsh [2013] NSWSC 1065 (12 August 2013)780000195000->235000Hallen J600008300014300018Lame duck wast of money$40K gain 143K cost Has gone back to court for costs.see 121(c) how the more dependant you are on you percent the more duty they have to provide for you as an adult.
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Marea Therese Jordan-Watt v Rebecca Elizabeth Riordan; In the Estate of Ned William Jordan [2013] NSWSC 1132 (16 August 2013)19169120->700000Slattery J98000550001530008Will written on assumption settlement had occurredplaintiff married to testator for 27 years - plaintiff and testator separate two years before his death - no approved settlement under the Family Law Act before his death - his will declares she "has already been generously provided for" and makes no provision for her
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Holden Francis Frisoli & Anor v Natasha Anastasia Kourea & Ors; Holden Francis Frisoli & Anor v Natasha Anastasia Kourea & Ors [2013] NSWSC 1222; [2013] NSWSC 1166 (23 August 2013)1800000aprox extra 150k eachSlattery J27100021000048100027Deceased dies intestate Trust and the Superannuation Fund will accordingly be designated as notional estateI have updated the costs to reflect the final outcome from
Frisoli & Anor v Kourea & Ors; Frisoli & Anor v Kourea & Ors (No. 3) [2014] NSWSC 311 (25 March 2014) NOTE cost had 25% discount from judge.
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Phillip Seeto v Kim Yum Bong Seeto & Ors [2013] NSWSC 1232 (28 August 2013) over 2,000,0000->400000Slattery J11200010700021900010property now in trust is notional estateExtension of time 15 years out of dateJudge seems to have applied notional estate provisions introduced in 2006 to an estate from 1998?
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Hamilton v Moir [2013] NSWSC 1200 (2 September 2013) 9000005000->80000Hallen J12800010600023400026The deceased and her husband cared for the Plaintiff, as a foster child, for about 18 months."However, since neither of the solicitors was cross-examined on his explanation of why the costs and disbursements were so high, it would not be proper to say any more" WTF ??Note beneficiaries(2 sons) share went from 45000 down to 293000 a loss of 157k eachThere is no evidence of the testamentary intentions of the deceased other than in the Will to which I have referred.
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Jagoe v Maguire [2013] NSWSC 1283 (12 September 2013) 13840000->400000Hallen J840005800014200010Husband of 24 years left nothing. Comfortable self funded retiree.
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Hogan v Hogan [2013] NSWSC 1405 (25 September 2013) 13510000->290000 +110k loan for 18 monthsHallen J60000600001200009Other 2 sons did not contest. Father V sonWill relies on husband/father to provide for son in will.
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Doshen v Pedisich [2013] NSWSC 1507 (17 October 2013) 8110000->75000Hallen J600005400011400014The Plaintiff, the adult(65) stepdaughter of the deceased,"8. I ACKNOWLEDGE that I have made no provision in my Will for DINCA (sic) MATETIC who claims to be the daughter of my late husband as she has ill treated both myself and my late husband for many years and has made no attempt to contact or have anything to do with me."This statement implies that the deceased considered the Plaintiff as an object of testamentary bounty. Otherwise, there would have been no reason to explain the complete lack of provision made for her.
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Peipi v Peipi as Administrator of the Estate of the late Ashoor Hilaney [2013] NSWSC 1520 (17 October 2013) 325000de facto spouse for two years before his death and entitled to the statutory legacy underSlattery J85000850001700052intestateQuestion as to De-facto eligibility. Used FPA claim
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Vidler v Ivimey [2013] NSWSC 1605 (5 November 2013)1824000250000->900000Hallen J70000800001500008Plaintiff had received $200k in what could have been deemed notional estate as joint tenant.Plaintiff cost 52k+18K
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Vo v Lai & Anor [2013] NSWSC 1639 (8 November 2013)1360000$0-> dismissed.Windeyer AJ11000011000022000016Plaintiff ex-De facto and father of deceases childJudge count Super as part of estate.Reduced defendant cost by 14K for probate cost order that the plaintiff's costs be paid out of the estatePlaintiff cost estimate
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Colosi v Colosi [2013] NSWSC 1892 (9 December 2013) 17155720->40000Young AJ80000600001400008Deceased left estate to children of previous marriage.plaintiff (wife) assets are about $1.477
million
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Henry v Northen [2013] NSWSC 1843 (11 December 2013)3500000->150000Darke J700005500012500036provision made by testator for only child - reconciliation between testator and plaintiff following period of estrangement Estate left to "carer"Cost split estimate
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Jacqueline May Isabella West v John Alexander Mann [2013] NSWSC 1852 (11 December 2013) 5360000->115000Kunc J37848375007534814
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Dunne v Dunne [2013] NSWSC 1911 (18 December 2013)2700000->60000Young AJ50000400009000033an adult sonCost estimateeffect of some potential claimants declining to challenge will
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Dodds v Dodds [2013] NSWSC 1933 (19 December 2013) 3100000->dismissedHallen J48512380008651228Plaintiff, a son of the deceasedPay own costs
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Hedman v Frazer; Egan v Frazer [2013] NSWSC 1915 (19 December 2013) 6000000complicatedHallen J3000002035065000008Two(2) plaintiffs"That almost $500,000 has been incurred in legal costs and disbursements of the three proceedings is eye watering"
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97302.783518.6191125.220.2Average
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800006000014200017Median
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7453884
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What Judges are writing our wills ?
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Macready3
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Hallen17
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Slattery J4
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Windeyer AJ4
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Stevenson J1
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Lindsay J2
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Ball J3
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Gzell J1
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Young AJ2
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Darke J1
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White J1
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Hardie v Milling [2013] NSWSC 310 (10 April 2013)ESTOPPEL - estoppel in pais - equitable estoppel - proprietary estoppel - defendant invited his daughter and son-in-law, the plaintiffs, to move to and remain at his land - plaintiffs made improvements to that land with the defendant's acquiescence - defendant decided to disinherit his daughter - whethether an estoppel has arisen.
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