SUCCESSION: Evicting grandma

Alexander v Jansson; Jansson v Alexander [2009] NSWSC 1000

The death of his father and some family transfers resulted in Eric Martin Jansson owning the 2/3rds family home and farm with his mother who owned the remaining 1/3rd.

Eric and his mother Ellen lived together in the homestead for about 42 years as they ran a farming business together.

Eric died unexpectedly in 2005 at the age of 61. He died without a Will and his 2/3rd share in the family farm passed to his 4 children.

Ellen was living in the homestead and still working the farm at 93 years of age, when Eric's children decided they wanted to sell the farm and Ellen needed to go.

The grandchildren applied for a s66G order that would result in the forced sale of the property.

Ellen countered with her own family provision claim against her deceased son's estate.

In this difficult arrangement, could Ellen keep her home of 73 years?