Summary of 2017 Family Provision Cases
Estate MPS, deceased 4/5/17 – Value of Estate/ Notional Estate – $2,000,000 Plaintiff claimed a close relationship with deceased providing support and personal care for over 2 years. Deceased’s brother entitled to whole estate on intestacy. Plaintiff awarded $550,000 (27.5%) plus costs. Kohari v NSW Trustee & Guardian 18/8/17 – Value of Estate/ Notional Estate – $1,000,000 Plaintiff, the son of the deceased’s former marriage, made a claim where estate left to de facto wife of 26 years. Deceased had one other son and step-son. Plaintiff awarded $100,000 (10%) with costs to be decided. Mitar v Mitar 26/5/17 – Value of Estate/ Notional Estate – $3,191,250 Plaintiff, the son of the deceased made a claim where there were 3 other children. Plaintiff awarded $964,286 (30%) with costs to be decided. Charlwood v Charlwood 1/3/17 – Value of Estate/ Notional Estate – $816,274 Plaintiff, one of two sons, made a claim after half of the estate was left to him by the deceased. Other brother was in superior financial position and Plaintiff cared for deceased and had health issues. On 10/8/17 Plaintiff allowed additional provision of loan from estate of up to $150,000and to purchase a property to live in plus costs.
Meres v Meres 28/3/17 – Value of Estate/ Notional Estate – $1,201,917 Plaintiff, one of two sons, made a claim where, in effect, he was left half of the estate by the deceased, but had no earning capacity, a close relationship with the deceased and medical conditions. Plaintiff’s claim was dismissed with costs to be decided.
Jodell v Woods 1/3/17 – Value of Estate/ Notional Estate – $1,800,000 Plaintiff, one of two daughters, made a claim after the deceased left the whole estate to the other sister. Plaintiff not close to the deceased and had no earning capacity. Plaintiff awarded $425,000 (23.6%) with costs to be decided.
Spata v Tumino 24/2/17 – Value of Estate/ Notional Estate – $685,416 Plaintiff was the son of the deceased’s late husband’s former marriage but claimed as a dependent member of the deceased’s household. As the Plaintiff was unable to prove he was dependent on the deceased his claim was dismissed with costs to be decided.
Barbanera v Barbanera & Ors 5/4/17 – Value of Estate/ Notional Estate – $2,750,000 Plaintiff, one of four children of the deceased, made a claim after the deceased left the whole estate to the other 3 children. Was claimed against him that he deliberately estranged himself from the deceased and had no need for provision due to his personal wealth. Plaintiff’s claim was dismissed due to his comfortable financial position with costs to be decided.
Carusi-Lees v Carusi 18/5/17 – Value of Estate/ Notional Estate – $4,496,570 Plaintiff, daughter from deceased’s 1st marriage, made a claim after deceased left whole estate to his 2nd wife who had two children with the deceased. Plaintiff had received over $500K financial support in the past. Plaintiff awarded $400,000 (8.9%) plus costs.
Hughes v Sharp 20/7/17 – Value of Estate/ Notional Estate – $473,319 Plaintiff, only surviving child of the deceased, made a claim after the bulk of the estate was left to the deceased’s grandchild who had looked after deceased. Plaintiff in poor financial position. Plaintiff awarded approx. $70,500 (15%) plus costs.
Penninger v Penninger 6/7/17 – Value of Estate/ Notional Estate – $121,883 Plaintiff, one of three children of the deceased, made a claim for additional provision after the deceased left her the residue of the estate which was of no value. Plaintiff awarded $17,500 (14.4%) plus costs.
Hancock, Shaun v Parker; Hancock Lisa v Parker 20/6/17 – Value of Estate/ Notional Estate – $865,000 Plaintiff in 1st proceedings made a claim as a dependent grandchild who lived with the deceased. Plaintiff in 2nd proceedings (also mother of Plaintiff in 1st proceedings) made a claim for additional provision as a child of the deceased who left the estate to the Plaintiff and two other siblings in equal shares. On 20/6/17 Plaintiff in 1st proceedings awarded $60,000 (7%) with costs to be decided. The claim of the Plaintiff in the 2nd proceedings was dismissed as adequate provision had been made in the Will.
Towson v Francis 10/8/17 – Value of Estate/ Notional Estate – $435,076 Plaintiff, one of 3 children, made a claim for additional provision after the deceased left the Plaintiff $20,000 and the bulk of the estate was left to one other child and her 2 children. Plaintiff had little contact with deceased but had health issues. Plaintiff awarded $60,000 (13.8%) plus costs.
Anderson v Hill 30/8/17 – Value of Estate/ Notional Estate – $662,500 Plaintiff, a child of a previous marriage of the deceased, made a claim after the deceased left her very small estate to her husband noting that her share of the matrimonial home passed to her husband by survivorship. Plaintiff’s claim was dismissed with no order as to costs.
Lodin v Lodin 25/1/17 – Value of Estate/ Notional Estate – Over $5,000,000 Plaintiff, the former wife of the deceased from whom she had separated more than 25 years ago, made a claim after estate passed to deceased’s daughter on intestacy. Plaintiff awarded $750,000 (about 15%) plus costs.
Misek v McBride 25/1/17 – Value of Estate/ Notional Estate – $783,321 Plaintiff, one of the deceased’s four grandchildren, made a claim after the entire estate was left to the only surviving child. Deceased and her late husband had become carers of Plaintiff from age of 12 after Plaintiff’s father abandoned her. Plaintiff awarded $460,000 (59%) with costs to be decided. Wilson v Parada 30/6/17 – Value of Estate/ Notional Estate – $760,511 Plaintiff made a claim as de facto spouse of deceased whose estate passed to his 3 siblings on intestacy. Alternatively, Plaintiff also claimed as a dependent member of deceased’s household and as a person in a close personal relationship with the deceased. Plaintiff awarded $75,000 (9.9%) on the basis she was an eligible person but not a de facto with no order as to costs. Calokerinos, Executor Estate late George Sclavos v Yesilhat 9/6/17 – Value of Estate/ Notional Estate – $6,000,000 approx. Plaintiff made a claim as de facto spouse of deceased who left whole estate to his closest surviving relatives being his two nieces.Alternatively, Plaintiff also claimed as a dependent member of deceased’s household and as a person in a close personal relationship with the deceased. Plaintiff’s claim was dismissed as he was not an eligible person with costs reserved.
Prior v Kerrison 14/8/17 – Value of Estate/ Notional Estate – $1,200,000 Plaintiff, the de facto wife of the deceased for 30 years, made a claim after she was left a life interest in a house and $15,000 with the residue to the deceased’s 2 children. Plaintiff awarded a property worth $160,000, a loan of $120,000 to be repaid on Plaintiff’s death and an increased legacy of $40,000. Moreau v Moreau 4/10/17 – Value of Estate/ Notional Estate – $1,037,406 Plaintiff, the only surviving child of the deceased, made a claim after the the bulk of the estate was left to deceased’s brother and then passed to deceased’s mother shortly after brother’s death. Plaintiff only had sporadic contact with deceased. Large part of estate had been distributed to deceased’s 95 year old mother including a home unit. Plaintiff awarded home unit worth $700K as notional estate provided he pays deceased’s mother $500 per month during her lifetime. Also awarded costs. Hartley v Woods 20/10/17 – Value of Estate/ Notional Estate – $431,588 Plaintiffs, a nephew of the deceased and his wife, made a claim as dependent members of deceased’s household after deceased, who had no spouse or children, left bulk of estate to 2 other nephews. Estate value was only $31,588.
Plaintiffs awarded $40,000 each (18.5%) from a term deposit designated as notional estate plus costs Larkin v Leech Larkin 20/10/17 – Value of Estate/ Notional Estate – $680,000 Plaintiff, the eldest of 4 surviving sons of the deceased, made a claim after whole estate left to only one son. Plaintiff was estranged from deceased for over 40 years whereas deceased was very close to sole beneficiary son. Plaintiff’s claim was dismissed with costs to be decided. Portis v Green 1/11/17 – Value of Estate/ Notional Estate – $476,688 Plaintiff, the only surviving child of the deceased and a person of modest means, made a claim after the whole estate was left to charity. Plaintiff had become estranged from deceased in recent years. Plaintiff awarded greater of $286,000 or 60% of distributable value of estate with costs to be decided. William Bkassini v Sonya Sarkis 1/11/17 – Value of Estate/ Notional Estate – $880,000 Plaintiff, the widow of the deceased, made a claim after almost whole estate was left to one of 3 children on testamentary trust intended to benefit the Plaintiff. Trustee used discretion to cut Plaintiff off from any benefits after he took up with another woman. Plaintiff owned 2 properties with deceased and lived in one. Plaintiff awarded a “portable” life interest in deceased’s half share in one property and costs.
Habricko v Palijan 6/12/17 – Value of Estate/ Notional Estate – $775,000 Plaintiff, one of two children of the deceased, made a claim after entire estate was left to his sister noting he had received considerable financial assistance from the deceased and her husband during their lifetimes. Plaintiff’s claim was dismissed with costs to be decided as Plaintiff was unable to demonstrate any needs and had a comfortable lifestyle.