Davison v Kempson [2018] VSCA 51 (9 March 2018)
Very rare and important case of the Court of Appeal overturning a single Judge's decision on the amount to award a claimant in a family provision claim.
TESTATOR’S FAMILY MAINTENANCE – Appeal – Application for further provision – Where application brought by adult son of deceased – Where deceased died intestate – Where further provision ordered – Where adult son contends further provision inadequate for proper maintenance and support – Specific error alleged – Nature of review by appellate court – Whether trial judge failed to exercise discretion properly – Appeal allowed – Further provision ordered – Administration and Probate Act 1958 s 91(4).
TESTATOR’S FAMILY MAINTENANCE – Application for further provision – Where application brought by adult son of deceased – Where adult son dependent upon deceased – Whether deceased had obligation to fulfil ongoing dependency after death – Taylor v Farrugia [2009] NSWSC 801 applied.
View the full judgement here:
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSCA//2018/51.html?lipi=urn%3Ali%3Apage%3Ad_flagship3_profile_view_base_recent_activity_details_shares%3BjDTP1g%2FxR7uneegNdj0qCA%3D%3D& licu=urn%3Ali%3Acontrol%3Ad_flagship3_profile_view_base_recent_activity_details_shares-object
