Deceased Estates

Supreme Court of NSW

Court reports

Straughen-Nicholson v Straughen [2019] NSWSC 1389

The deceased died on 3 April 2019. He was survived by two of his adult children, Rodney Straughen and Vikki Straughen. The third of the deceased’s three children, Karen Straughen (the mother of the plaintiff), predeceased him. Her death occurred between 17 and 18 January 2019. The cause of her death has not been established. Karen Straughen never married, and her only issue was Emma Straughen-Nicholson, the plaintiff.

By his last Will, the deceased appointed Vikki Straughen as executor and, by cll 5, 6, and 7, left his whole estate, including real property at Lalor Park and residue, to:

… my children, RODNEY NORMAN STRAUGHEN, KAREN ANNE STRAUGHEN, VIKKI PATRICIA STRAUGHEN, as tenants in common in equal shares.

When the matter was before the Court for directions , Counsel for the respective parties agreed that the matter would be determined on the papers without the need for oral argument.  The Court ordered

  1. Declare that on the true construction of the last Will dated 22 August 2014 of the late Roy Straughen, who died on 13 April 2019, and pursuant to the operation of s 41(2) of the Succession Act 2006(NSW), the plaintiff (Emma Straughen-Nicholson), as the only issue of Karen Anne Straughen who died between 17 and 18 January 2019, takes the share of Karen Anne Straughen under cll 5, 6 and 7 of the Will.
  2. Subject to any application made as to costs within 14 days there be no order as to costs.