David 2
ADMITTED TO THE LEGAL PROFESSION
29 Apr 1991
SIGNED VICTORIAN
BAR
ROLL
23 May 1996
ACCREDITED AS MEDIATOR
03 Feb 2005
QUALIFICATIONS
B.Com. (Hons), LLM.
Legalbrief sm
Name 1a

Subhead 1a
Sister wars 1500x1500

Sister defeats sister on basis of deceased dad's 37 year old property contribution


Levy v Close [2019] NSWSC 1027

In August 2019 the NSW Supreme Court upheld an adult daughters’ claim against her sister and brother-in-law on behalf of her late father’s estate. In 1982 the father had contributed 13% of the cost of a property which was purchased in the name of the sister and her husband. The three individuals lived there together, with the father in a "granny flat". But they never discussed who would own the land. After the father died in 2003 the sister and her husband let the property then sold it and purchased another. The Court held that the latter property and the rents from the former property were held 13% on resulting trust for the deceased estate (Calverly v Green (1984 155 CLR 242). This created an asset that passed to the plaintiff under the will. Consequently her claim for family provision became otiose.