The Estate of Tatiana Anorov [2024] NSWSC 1301

The Estate of Tatiana Anorov [2024] NSWSC 1301

Defence costs and settlement of Roman Anorov’s post-settlement family provision claim are 'testamentary expenses' under the settlement agreement and deductible in calculating the net distributable estate, to be shared as agreed among relevant parties. The settlement agreement's language and the executors' duties extend to future liabilities and proper expenses up to final distribution.

Parties
First Plaintiff/first Cross Defendant: Vladimir Tsukanov; Second Plaintiff/second Cross Defendant: Peter Ivanovich Semovskih; First Defendant: Maria Stepanov; Second Defendant/cross Claimant: George Erzikoff; Third Defendant/third Respondent: Sergey Erzikoff; Fourth Defendant/fourth Respondent: Joshua Travers; Fifth Respondent: Sofia Stepanov; Sixth Respondent: Julie Heidler; Seventh Respondent: Arcady Nemtzeff
Jurisdiction
Australia
Judgment Date
16 October 2024
Procedural Posture
Probate and Family Provision Construction of Settlement Agreement / Motion for Construction/determination Following Settlement
Outcome
Motion dismissed. The settlement agreement includes the challenged expenses as testamentary expenses. The second defendant to pay the plaintiffs’ costs of the application, with indemnity from the estate.
Legal Topics
Probate Proceedings, Family Provision, Settlement Agreement Construction, Testamentary Expenses, Costs
Succession Law Equity Probate Civil Procedure Probate Proceedings Family Provision Settlement Agreement Construction Testamentary Expenses +1 more

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Parties

Vladimir Tsukanov

First Plaintiff/first Cross Defendant

Peter Ivanovich Semovskih

Second Plaintiff/second Cross Defendant

Maria Stepanov

First Defendant

George Erzikoff

Second Defendant/cross Claimant

Sergey Erzikoff

Third Defendant/third Respondent

Joshua Travers

Fourth Defendant/fourth Respondent

Sofia Stepanov

Fifth Respondent

Julie Heidler

Sixth Respondent

Arcady Nemtzeff

Seventh Respondent

Procedural Posture

Probate and Family Provision Construction of Settlement Agreement / Motion for Construction/determination Following Settlement

Legal Issues

  1. 1 Whether defence costs and settlement payment of a post-settlement family provision claim are 'testamentary expenses' under a settlement agreement resolving probate and family provision proceedings.
  2. 2 Whether deduction of such expenses is permissible in calculation of net distributable estate under the agreement.

Ratio Decidendi

Defence costs and settlement of Roman Anorov’s post-settlement family provision claim are 'testamentary expenses' under the settlement agreement and deductible in calculating the net distributable estate, to be shared as agreed among relevant parties. The settlement agreement's language and the executors' duties extend to future liabilities and proper expenses up to final distribution.

Court Disposition

Motion dismissed. The settlement agreement includes the challenged expenses as testamentary expenses. The second defendant to pay the plaintiffs’ costs of the application, with indemnity from the estate.

Orders

  • Sergey Erzikoff joined as third defendant to the proceedings and to the motion.
  • Joshua Travers joined as fourth defendant to the proceedings and to the motion.