Re Marsella; Marsella v Wareham [2018] VSC 312

Judgment type: 
Supreme Court of Victoria
McMillan J

In the matter of Part IV of the Administration and Probate Act 1958 and In the matter of the estate of Marsella, Helen Freeth (also known as Helen Freeth Swanson). Marsella, Riccardo Giacomo v Wareham, Caroline Elizabeth and Swanson, Charles Earl (who are sued, pursuant to Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 - Reg 16.04 as persons having a substantial interest in opposing the application)

Judgment Date: 
13 June 2018

FAMILY PROVISION - Where testatrix made limited provision for husband by provision of a life interest in unit and small capital fund - Where defendants agree that the testatrix owed a moral duty to her husband - Where one defendant claims breach of trust by the testatrix as trustee of certain trusts during lifetime of testatrix - Where same defendant and her husband as trustees of testatrix's superannuation fund purport to exclude the husband from any benefit of the testatrix's superannuation - Determination of what is adequate provision for proper maintenance and support of husband - Administration and Probate Act 1958, ss 91, 91A - Thompson v Thompson [2015] VSC 706 - Re Hodgson [1955] VLR 481 - Coates v National Trustees Executors & Agency Co Ltd (1956) 95 CLR 494.

[2018] VSC 312