Corey Plover
Court or Tribunal: Supreme Court of Western Australia
Catchwords: Family Provision, High Value Estates, Large Estate, Wills & Probate
Judges: Sanderson Master
Background: Olivia Jacqueline Mead was the 19 year old love-child of WA mining magnate Michael Wright, where upon his death Olivia had been left $3 million from the estate, estimated at more than $1 billion. The 19-year-old challenged the will in the Supreme Court of Western Australia this month, suing executor David Lemon and demanding $20 million worth of cash and luxury items. She claimed to have been left without adequate funds for her proper maintenance, support, education and advancement in life. Ms Mead was provided for with a $3 million trust, which she could not touch until she was aged 30, and the trust included a number of provisions, including a clause that Ms Mead would be excluded if she converted to Buddhism or Islam, or even if she had an association with a person who practice
[Legal Issue]In awarding an unprecedented $25 million cash on condition of forfeiting any right in the trust set up under the will, Master Sanderson mostly focussed on the size of the estate and the fact that, wisely invested, Olivia and her family would never want for anything ever again.
In the context of the estate he commented that that sum was “little more than a rounding error”. He commented though that it was not about fairness or about compensating Olivia for the deceased’s limitations as a father but considered the position of a wise and just testator, that of community expectation and the duties of a parent arising under the Act.
The award of such an enormous sum is extraordinary, particularly as it is higher than Olivia sought herself. Nonetheless the principles applied will
[Court Orders]The third daughter of late mining heir Michael Wright has succeeded in her bid to extract much more than she was left from his will, with a judge ruling she should get $25 million.
Catchwords: Family Provision, High Value Estates, Large Estate, Wills & Probate
Judges: Sanderson Master
Background: Olivia Jacqueline Mead was the 19 year old love-child of WA mining magnate Michael Wright, where upon his death Olivia had been left $3 million from the estate, estimated at more than $1 billion. The 19-year-old challenged the will in the Supreme Court of Western Australia this month, suing executor David Lemon and demanding $20 million worth of cash and luxury items. She claimed to have been left without adequate funds for her proper maintenance, support, education and advancement in life. Ms Mead was provided for with a $3 million trust, which she could not touch until she was aged 30, and the trust included a number of provisions, including a clause that Ms Mead would be excluded if she converted to Buddhism or Islam, or even if she had an association with a person who practice
[Legal Issue]In awarding an unprecedented $25 million cash on condition of forfeiting any right in the trust set up under the will, Master Sanderson mostly focussed on the size of the estate and the fact that, wisely invested, Olivia and her family would never want for anything ever again.
In the context of the estate he commented that that sum was “little more than a rounding error”. He commented though that it was not about fairness or about compensating Olivia for the deceased’s limitations as a father but considered the position of a wise and just testator, that of community expectation and the duties of a parent arising under the Act.
The award of such an enormous sum is extraordinary, particularly as it is higher than Olivia sought herself. Nonetheless the principles applied will
[Court Orders]The third daughter of late mining heir Michael Wright has succeeded in her bid to extract much more than she was left from his will, with a judge ruling she should get $25 million.