Hamilton v Moir [2013] NSWSC 1200 (2 September 2013)
A woman fostered to a family in the 60's and having some contact there after has won $80,000 from the estate. The case cost the $900K estate $234K in costs and reduced the 2 sons provision by $157K each. Quotes Furthermore,
it was the type of relationship which enabled the deceased to look past some of
the aspects of Vera's life of which she
disapproved, for example, her marrying
and having a child at such a young age, her smoking, and her going to clubs and
playing the
poker machines. It would have been relatively easy, one would
imagine, for the deceased to terminate the relationship with Vera if
the
deceased had wished to do so. But she did not. "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 ?? "There is no evidence of the testamentary intentions of the deceased other than in the Will to which I have referred." Should be enough!
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