ON 7 JULY 2014, the Supreme Court of NSW delivered Curnow v Curnow  NSWSC 896 (7 July 2014).
The plaintiffs brought an application for a family provision order under the NSW Succession Act 2006. The deceased died intestate with two children of his own (the second and third plaintiffs), a widow (the defendant) and the widow’s daughter/his stepdaughter (the first plaintiff).
The first plaintiff applied on the basis that she was a member of the deceased’s household and was dependent on him; the second and third plaintiffs applied on the basis that they were the deceased’s children.
The plaintiffs were eligible persons entitled to orders for education, maintenance or advancement in life. The court determined that capital lump sums of differing amounts be paid to each of the plaintiffs to enable them to pay off immediate debts as well as an order for their costs.
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