Winsor v Winsor

DISTRICT COURT OF QUEENSLAND CITATION: Winsor v Winsor [2018] QDC 149 PARTIES: MARCUS WINSOR (applicant) v HELENE MARGARET WINSOR (respondent) FILE NO/S: 205/2016 DIVISION: Civil PROCEEDING: Application ORIGINATING COURT: District Court, Cairns DELIVERED EX TEMPORE ON: 4 May 2018 DELIVERED AT: Cairns HEARING DATE: 4 May 2018 JUDGE: Morzone QC DCJ ORDER: Orders in terms of a draft order placed on the file. CATCHWORDS: SUCCESSION – FAMILY PROVISION – APPLICATION BY CHILD – where testator died in 2014 leaving an estate worth approximately $230,000 and about $110,000 in superannuation entitlements – where applicant left nothing – whether the applicant is left without adequate provision – whether applicant in a necessitous position – whether further provision should be made for the applicant out of the estate. LegislationSuccession Act 1981 (Qld) s 41 CasesCrisp v Burns Philp Trustee Co. Ltd (NSWSC, 18 December 1979, unreported)Hills v Chalk and Others [2008] QCA 159Milillo v Konnecke [2009] NSWCA 109Singer v Berghouse (1994) 181 CLR 201Stewart v Stewart [2015] QSC 238 SOLICITORS: J Auld of Farrellys Lawyers for the applicant.P Astley of Astley Associates Solicitors for the respondent. The applicant, a 43-year-old disability pensioner with debilitating health conditions, applied for adequate provision from his father’s estate.  The parties filed affidavits pursuant to the practice direction which led to negotiation and resolution of the proceedings.  The parties now seek orders pursuant to that resolution in terms of a draft order, which sets out the terms of the settlement.BackgroundThe deceased died with a very modest estate on...