Epov v Epov; Epov v Epov [2014] NSWSC 1086

Epov v Epov; Epov v Epov [2014] NSWSC 1086

The Will did not make adequate and proper provision for Maria Epov and Gennady Epov, given Maria's need for secure accommodation and a capital fund for contingencies, and Gennady's needs for some capital and maintenance, considering their respective circumstances and the size of the estate. The time for Gennady's application was extended; Maria awarded an absolute lump sum of 33.33% of net sale proceeds (plus interest-free loan of 16.67%), and Gennady awarded an additional lump sum of 5% plus continued life interest and trustee discretionary power to advance capital. Orders to be settled in Short Minutes; costs reserved.

Parties
Plaintiff in 2011/409962: Maria Epov; Plaintiff in 2012/168778: Gennady Epov; Defendant, Executor: Peter Epov
Jurisdiction
Australia
Judgment Date
14 August 2014
Procedural Posture
Family Provision/family Maintenance; Succession Estate Proceedings / Principal Judgment Post Hearing, Orders to Be Settled by Short Minutes Following Reasons
Outcome
Family provision orders to be made in favour of Maria and Gennady Epov; time for Gennady's application extended. Orders to be formulated by parties with opportunity to agree or submit alternatives; costs stood over.
Legal Topics
Family Provision, Testator's Family Maintenance, Extension of Time to Apply for Provision, Assessment of Proper and Adequate Provision, Competing Claims of Widow and Adult Child, Application of Succession Act 2006 (nsw)
Succession Law Equity Family Provision Testator's Family Maintenance Extension of Time to Apply for Provision Assessment of Proper and Adequate Provision Competing Claims of Widow and Adult Child Application of Succession Act 2006 (nsw)

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Parties

Maria Epov

Plaintiff in 2011/409962

Gennady Epov

Plaintiff in 2012/168778

Peter Epov

Defendant, Executor

Procedural Posture

Family Provision/family Maintenance; Succession Estate Proceedings / Principal Judgment Post Hearing, Orders to Be Settled by Short Minutes Following Reasons

Legal Issues

  1. 1 Whether adequate provision has been made for the proper maintenance, education or advancement in life of the widow (Maria Epov) and of the adult child (Gennady Epov) under the Will of the deceased
  2. 2 Whether time for Gennady Epov's application for family provision should be extended
  3. 3 What is the appropriate provision for each applicant in all the circumstances

Ratio Decidendi

The Will did not make adequate and proper provision for Maria Epov and Gennady Epov, given Maria's need for secure accommodation and a capital fund for contingencies, and Gennady's needs for some capital and maintenance, considering their respective circumstances and the size of the estate. The time for Gennady's application was extended; Maria awarded an absolute lump sum of 33.33% of net sale proceeds (plus interest-free loan of 16.67%), and Gennady awarded an additional lump sum of 5% plus continued life interest and trustee discretionary power to advance capital. Orders to be settled in Short Minutes; costs reserved.

Court Disposition

Family provision orders to be made in favour of Maria and Gennady Epov; time for Gennady's application extended. Orders to be formulated by parties with opportunity to agree or submit alternatives; costs stood over.

Orders

  • Plaintiff Maria Epov to receive 33.33% of net proceeds of sale of Lidcombe property absolutely, plus interest-free secured loan equal to 16.67% from Peter's share, repayable 3 months after death;
  • Plaintiff Gennady Epov to receive an additional 5% of net proceeds absolutely plus continued life interest on 25% share as per Will, with trustee (Peter) given power to advance capital for Gennady's maintenance and advancement in life;