Sheen v Hesan; The Estate of Zaheer [2023] NSWSC 468

Sheen v Hesan; The Estate of Zaheer [2023] NSWSC 468

The Plaintiff's de facto relationship with the deceased ended in early July 2020 prior to the deceased's death; the Plaintiff was not the spouse at the date of death and was not entitled to administration or the whole estate under intestacy; however, the Plaintiff was a member of the household and partly dependent on the deceased and was therefore eligible for a family provision order under s 57(1)(e) of the Succession Act 2006 (NSW). Adequate provision had not been made for her, and provision was ordered.

Jurisdiction
Australia
Judgment Date
05 May 2023
Procedural Posture
Contested Application for Administration of Intestate Estate and Family Provision Claim / Final Judgment
Outcome
Order for provision made in favour of Plaintiff; not entitled to intestate estate as spouse; Court directs parties to provide agreed orders reflecting reasons within 14 days.
Legal Topics
['intestacy' 'family Provision' 'de Facto Relationship' 'breakdown of Domestic Partnerships' 'appointment of Administrator']
['succession Law' 'equity'] ['intestacy' 'family Provision' 'de Facto Relationship' 'breakdown of Domestic Partnerships' 'appointment of Administrator']

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Procedural Posture

Contested Application for Administration of Intestate Estate and Family Provision Claim / Final Judgment

Legal Issues

  1. 1 ['Whether the Plaintiff was a spouse (de facto partner) of the deceased at time of death' "Whether the de facto relationship had ended prior to the deceased's death" 'Eligibility of Plaintiff for family provision order under Succession Act 2006 (NSW), s 57(1)(e) or (f)' 'If not spouse, whether adequate and proper provision was made for Plaintiff under the rules of intestacy']

Ratio Decidendi

The Plaintiff's de facto relationship with the deceased ended in early July 2020 prior to the deceased's death; the Plaintiff was not the spouse at the date of death and was not entitled to administration or the whole estate under intestacy; however, the Plaintiff was a member of the household and partly dependent on the deceased and was therefore eligible for a family provision order under s 57(1)(e) of the Succession Act 2006 (NSW). Adequate provision had not been made for her, and provision was ordered.

Court Disposition

Order for provision made in favour of Plaintiff; not entitled to intestate estate as spouse; Court directs parties to provide agreed orders reflecting reasons within 14 days.

Orders

  • ['Short Minutes of Order to be provided within 14 days reflecting reasons;' 'Plaintiff to receive a lump sum equivalent to 15% of net distributable estate (approx. $553,000) and costs of $165,000;' "Balance to be distributed between the deceased's 8 siblings;" 'Parties to confer on appointment of independent...