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Deceased leaves $6 million estate to nieces
G died on 13 August 2013 from a heart attack at the age of
He had owned a pharmacy in Sydney and had no wife or
His closest relatives were his two nieces, C and A.
After her uncle died, C found a two-page document in a Bible on
his bedside table. It was signed, dated, and looked to be an
The will appointed C as executor and divided G’s $6 million
estate equally between C and A.
Y challenges will on basis of secret relationship with
Y, a man who was 30 years younger than G, claimed to have had a
secret same-sex relationship with G for 14 years prior to G’s
Y commenced proceedings in the Supreme Court of NSW to challenge
These proceedings were complex and extended for several
Y made a number of claims, one of which was a family provision
claim under the NSW Succession Act 2006.
The primary judge dismissed this claim on the basis that Y was
not eligible to commence a claim for a family provision order.
Y appealed to the NSW Court of Appeal, and C defended the
proceedings as the executor of G’s will.
case a – The case for Y
case b – The case for C, the executor
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