Brown v Brown

Brown v Brown [2022] NSWSC 1393
Supreme Court of New South Wales
Henry J
Wills and estates – family provision – claim by adult plaintiff who was stepson of deceased – dispute as to basis of plaintiff’s eligibility in context where he claims he should be considered a child of the deceased under s57(1)(c) of the Succession Act 2006 (NSW) – plaintiff must establish circumstances that go beyond bare fact of the relationship between he and the deceased as stepfather and stepchild – deceased and plaintiff’s mother divorced 31 years ago – no contact between plaintiff and deceased after 2004 – deceased’s will provided for whole of estate to be left to his only biological child – defendant denies the plaintiff is a child of the deceased under s57(1)(c) of the Succession Act – defendant concedes the plaintiff is eligible to make an application under s57(1)(e) as an ex-stepchild of the deceased who was partly dependent on the deceased and a member of the household of which the deceased was a member – Court accepted the plaintiff is not an eligible person as a child of the deceased within the meaning of s57(1)(c) – Cooper v Atkin [2020] NSWSC 828 – Spata v Tumino [2018] NSWCA 17; Page v Page [2017] NSWCA 141 – whether the deceased’s will made adequate provision for the plaintiff’s proper maintenance or advancement in life must be considered in the context of the totality of the relationship between the deceased and the plaintiff – summons dismissed with costs.
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