Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8:

1. The plaintiff, Kate Dayman, and defendant, Glenys Dayman, are daughter and mother, respectively. The deceased, Brian Dayman, was the father of Kate and the long estranged (but not divorced) husband of Glenys. Glenys is the sole beneficiary and executor of Brian's estate. Without intending any disrespect, I will refer to all of the Dayman family members by their given names.

2. This very unhappy dispute began as one about the funeral arrangements for Brian. This was resolved by Meek J in Dayman v Dayman [2024] NSWSC 838. What remained for resolution was Kate's claim for a family provision order pursuant to s 59 of the Succession Act 2006 (NSW) from the estate. There was no dispute that Kate is an eligible person to bring such a claim under the Act.

3. On any view, this was a very small estate. Regrettably, it has now been completely consumed by legal fees. If Glenys is to receive her costs of the proceedings, a notional estate order will have to be made designating part of Brian's superannuation fund (current balance $137,589.79) as notional estate. Similarly, any provision for Kate could only be made by a notional estate order as to any balance.

4. For the reasons which follow, Kate's claim will be dismissed. Kate appeared for herself by AVL from Western Australia, where she has lived for some time. Glenys was represented by Ms L Sewell of Counsel.

Brian's will and some background

5. Glenys and Brian married in about 1978. They had two children. Brian's will was made on 10 February 1992. It appointed Glenys as executor and sole beneficiary, with a gift over to the two children if Glenys did not survive him. Their son, Michael, died in 2009, leaving Kate as their surviving child.

6. Glenys and Brian separated in the late 1990s. According to Glenys, they were thereafter amicably estranged. She last saw and spoke to Brian briefly five years ago. While there was a Family Court property settlement between them in 2004 (to which I will return), they never divorced. The will was, therefore, valid as at the date of Brian's death on 12 May 2024.

7. From about 2004 until his death, Brian was in a de facto relationship with Ms Cheryl Brown and lived at Ms Brown's property at Darlington Point, approximately 35 kilometres south of Griffith in the New South Wales Riverina district. Ms Brown has been put on notice of these proceedings and has chosen not to bring a claim against the estate.

8. I have also been informed that Ms Brown is the carer or guardian for her minor grandson, who also resides at the property and may, therefore, also be an eligible person. However, given the size of the estate and the circumstances generally (including that Ms Brown has chosen not to participate), I am prepared to proceed on the basis that notice of the proceedings to Ms Brown is also sufficient notice to her minor grandson.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1989be3d64648b673a25fac9)

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