Kondratenko v Burec [2003] NSWSC 635

Kondratenko v Burec [2003] NSWSC 635

The defendant was left without adequate provision for his maintenance, considering his health problems and reduced earning capacity. A legacy of $110,000 should be paid from the notional estate, balancing his needs and the modest circumstances of the plaintiffs, the chosen testamentary beneficiaries.

Parties
First Plaintiff, First Cross Defendant: Katherina Kondratenko; Second Plaintiff, Second Cross Defendant: Olga Savell; Defendant, Cross Claimant: George Burec
Jurisdiction
Australia
Judgment Date
16 July 2003
Procedural Posture
Family Provision Claim / Final Judgment
Outcome
Defendant granted a legacy of $110,000; costs of all parties to be paid out of notional estate.
Legal Topics
Family Provision, Notional Estate, Testamentary Disposition
Succession Law Equity Family Provision Notional Estate Testamentary Disposition

Case Brief

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Parties

Katherina Kondratenko

First Plaintiff, First Cross Defendant

Olga Savell

Second Plaintiff, Second Cross Defendant

George Burec

Defendant, Cross Claimant

Procedural Posture

Family Provision Claim / Final Judgment

Legal Issues

  1. 1 Whether the defendant is entitled to provision from the notional estate of Maria Samoilenko
  2. 2 Whether the plaintiffs’ financial circumstances entitle them to retain benefit from the estate

Ratio Decidendi

The defendant was left without adequate provision for his maintenance, considering his health problems and reduced earning capacity. A legacy of $110,000 should be paid from the notional estate, balancing his needs and the modest circumstances of the plaintiffs, the chosen testamentary beneficiaries.

Court Disposition

Defendant granted a legacy of $110,000; costs of all parties to be paid out of notional estate.

Orders

  • So much of the home unit at 14/8 Edwin Street, Regents Park as necessary to meet the legacy and costs designated as notional estate.
  • Defendant to receive a legacy of $110,000 payable out of notional estate, not to bear interest if paid by 16 November 2003, otherwise at statutory rate.