Davison, Marc Dominic v Kempson, Peter Ruston (as administrator of the Estate of Genevieve Davison, deceased); Davison, Remy Olivier Gallon and Davison, Pascale Francoise Anne [2018] VSCA 51

TESTATOR'S FAMILY MAINTENANCE
Judgment type: 
Victorian Court of Appeal
Judge(s): 
Tate JA, Santamaria JA, Beach JA
Parties: 

Davison, Marc Dominic v Kempson, Peter Ruston (as administrator of the Estate of Genevieve Davison, deceased); Davison, Remy Olivier Gallon and Davison, Pascale Francoise Anne

Judgment Date: 
9 March 2018
Catchwords: 

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 s91(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.

Citation: 
[2018] VSCA 51