In Taylor v Brinin & Anor [2024] QDC 84, the applicant, Catherine Joye Taylor, filed an originating application for further provision from the estate of her deceased mother, Ida Joyce Taylor, under s. 41(1) of the Succession Act 1981 (Qld). The executors of the estate, Jeffrey Patrick Brinin and Barry James Reardon, sought summary dismissal of Ms. Taylor's application, arguing it was an abuse of process.
Ida Joyce Taylor passed away in late November 2022, having left a will dated 6 May 2022. She was survived by her two daughters, Ms Taylor and Marianne Lucas, for whom the estate was equally divided. Interim distributions were made to the sisters, totalling $404,159.03 each. Ms Taylor, suffering from complex PTSD, major depression, and other mental health issues, argued that the amount left to her was insufficient for her proper maintenance and sought additional provision from the estate.
However, the court found that Ms Taylor's claim for further provision under the existing will was not compelling enough to warrant the continuation of proceedings. The court emphasised that Ms Taylor already received substantial provision, leaving her in a financially secure position with an unencumbered home and a capital buffer. Considering the substantial costs already incurred and anticipated further costs, the court concluded that the potential benefit of additional provision did not justify the unjustifiable expenses and misuse of judicial resources. Consequently, the application was dismissed as an abuse of process.