|Estate Whiteway  NSWSC 266
Supreme Court of New South Wales
Wills and estates.
The plaintiff was the child of the deceased’s first marriage. The deceased’s estate was principally distributed to plaintiff’s stepmother (who was the deceased’s widow). The deceased’s widow ’died without issue’. The plaintiff sought family provision ’vis a vis’ deceased’s widow. The court considered whether to grant an extension of time to make the application and whether plaintiff was “eligible person”. The Court considered both the Family Provision Act 1982 (NSW) and Succession Act 2006 (NSW) – held: plaintiff entitled to ’modest provision’ from deceased’s notional estate – family provision order granted.