Richie Benaud's widow, ex-wife and son settle estate dispute
MELANIE KEMBREY
The widow, ex-wife and eldest son of legendary Australian cricketer Richie Benaud have avoided going to trial and reached an agreement in their fight over his estate.
Benaud's widow Daphne was being sued by his former wife Marcia and their eldest son Gregory over his estate in the New South Wales Supreme Court.
But late Wednesday afternoon, after hours of discussions, the trio reached a settlement of an undisclosed amount.
No comment ... Daphne Benaud.
LOUISE KENNERLEY/FAIRFAX MEDIA
Justice Philip Hallen​ said the case involved "many matters that are very emotional for all of you" and praised them for being able to reach an agreement.
Greg Benaud was happy with the settlement.
LOUISE KENNERLEY/FAIRFAX MEDIA
Benaud, a former Australian captain and cricketing commentator, was 84 when he died in April 2015 after battling skin cancer.
He married Marcia in 1953 and had two children with her, Gregory and Jeffery, before they divorced about 14 years later.
In 1967 he married Daphne, who he met while doing a BBC television course, and they remained together until his death.
Marcia Benaud leaves court after a settlement of Richie Benaud's estate.
LOUISE KENNERLEY/FAIRFAX MEDIA
In summonses last year, Marcia and Gregory asked the court to order the Benaud estate to make provision for their "maintenance and advancement in life" as well as interest.
Marcia and Gregory were living in a Department of Housing property together on the Central Coast, while Daphne lived in the Coogee waterfront apartment she had shared with Benaud.
Outside court, Marcia said she was "very happy, thank you dear" about the outcome and she was "very much" pleased the matter was resolved.
Richie Benaud died in April 2015 at the age of 84.
TOM SHAW/GETTY IMAGES
Her son Gregory said there was no animosity between he and Daphne.
"Daphne has always been kind to my brother and myself," he said.
"My dad said if I received a letter from the estate's lawyer saying I was eligible to make a claim that I should do so. I received that letter following an earlier letter saying I was a beneficiary. I followed my dad's wishes and I am pleased."
Richie Benaud was a cult figure about cricket fans.
CAMERON SPENCER/GETTY IMAGES
Justice Hallen had earlier in the day highlighted the pitfalls of going to trial, saying it would be costly, uncertain and not able to be resolved until next year.
"I know you've had a very difficult day, I'm sure, but can I tell you that had the matters proceeded to a hearing, as you have heard earlier, it would have been a lot longer than one day and I'm sure that it would have been more difficult for all of you," Justice Hallen told the parties after the agreement was reached.
Daphne, who was the first woman allowed in the press box during a test match as she worked as personal assistant to reporters, did not comment as she left the court.
Benaud wrote about the pressures playing cricket overseas took on his marriage with Marcia in his 2010 book Over But Not Out.
"Our first son Greg, had been born only a week before the team left for the West Indies, and having a newborn child and a husband who was a thousand miles away made life difficult," he wrote.
Of his marriage with Marcia he wrote: "My wife and I had been separated for over two years and I was divorced for desertion. It wasn't the first time couples involved in sport and business had broken up, and I doubt it will be the last."
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