Barlevy v Nadolski; Nadolski v Barlevy [2011] NSWSC 129

Barlevy v Nadolski; Nadolski v Barlevy [2011] NSWSC 129

Mrs Barlevy was an 'eligible person' under the Family Provision Act 1982 (NSW), as she was in a domestic relationship (specifically, a close personal relationship) and partly dependent upon the deceased at the time of his death. Although a continuous two-year de facto relationship was not made out immediately prior to death for intestacy, the evidence established she provided care, shared residence, and was treated as a partner. No adequate provision had been made for her maintenance and advancement, and an order for provision in the sum of $750,000 from the estate was warranted.

Jurisdiction
Australia
Judgment Date
08 March 2011
Procedural Posture
Family Provision/intestacy/claims Against Estate / Judgment (first Instance)
Outcome
Order for provision in Mrs Barlevy's favour
Legal Topics
['family Provision' 'domestic Relationships' 'de Facto Relationships' 'close Personal Relationships' 'intestacy' 'eligible Person Status' 'provision Out of Estate']
['succession' 'family Law'] ['family Provision' 'domestic Relationships' 'de Facto Relationships' 'close Personal Relationships' 'intestacy' 'eligible Person Status' 'provision Out of Estate']

Case Brief

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Procedural Posture

Family Provision/intestacy/claims Against Estate / Judgment (first Instance)

Legal Issues

  1. 1 ['Whether plaintiff was in a domestic/de facto or close personal relationship with deceased at death for intestacy and family provision claims' "Whether plaintiff was an 'eligible person' under Family Provision Act 1982 (NSW) s6" "Whether adequate provision had been made for plaintiff out of deceased's estate" 'What sum, if any, should be awarded as family provision']

Ratio Decidendi

Mrs Barlevy was an 'eligible person' under the Family Provision Act 1982 (NSW), as she was in a domestic relationship (specifically, a close personal relationship) and partly dependent upon the deceased at the time of his death. Although a continuous two-year de facto relationship was not made out immediately prior to death for intestacy, the evidence established she provided care, shared residence, and was treated as a partner. No adequate provision had been made for her maintenance and advancement, and an order for provision in the sum of $750,000 from the estate was warranted.

Court Disposition

Order for provision in Mrs Barlevy's favour

Orders

  • ['Provision of a lump sum of $750,000 from the estate of the late Abraham Rotkopf to Susan Barlevy pursuant to Family Provision Act ss 7 and 11.' "Usual costs orders: Plaintiff's and defendant's costs to be paid out of the estate." 'Plaintiff to be permitted continued residence at Sturt Street, Kingsford for a...