Kouroutis v Kouroutis [2023] NSWSC 608

Kouroutis v Kouroutis [2023] NSWSC 608

The deceased’s will failed to make adequate provision for the plaintiff, an eligible person, in light of her financial circumstances, health needs, and the disproportionality and mistaken factual basis in the will for restricting her provision. Further legacy for the plaintiff is warranted, together with a reduction in the legacies to grandchildren and great grandchildren. The quantum balances the needs and claims of the plaintiff and the defendant, while respecting, in part, the deceased’s wishes.

Parties
Plaintiff: Asmina Kouroutis; Defendant: Peter Kouroutis
Jurisdiction
Australia
Judgment Date
15 June 2023
Procedural Posture
Family Provision Claim (succession) Under Will / Final Judgment After Hearing
Outcome
Application for further provision allowed; legacy increased; other legacies adjusted; costs orders made
Legal Topics
Family Provision, Adequate Provision, Eligible Person, Testamentary Bounty, Legacy Adjustment
Succession Law Equity Family Provision Adequate Provision Eligible Person Testamentary Bounty Legacy Adjustment

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Parties

Asmina Kouroutis

Plaintiff

Peter Kouroutis

Defendant

Procedural Posture

Family Provision Claim (succession) Under Will / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the plaintiff, an adult daughter, has been left without adequate provision for her proper maintenance, education or advancement in life by the deceased's will under Succession Act 2006, s 59
  2. 2 Whether the Court should order further provision out of the estate for the plaintiff
  3. 3 Appropriate quantum of further provision for the plaintiff, balancing the claims of the defendant and other beneficiaries

Ratio Decidendi

The deceased’s will failed to make adequate provision for the plaintiff, an eligible person, in light of her financial circumstances, health needs, and the disproportionality and mistaken factual basis in the will for restricting her provision. Further legacy for the plaintiff is warranted, together with a reduction in the legacies to grandchildren and great grandchildren. The quantum balances the needs and claims of the plaintiff and the defendant, while respecting, in part, the deceased’s wishes.

Court Disposition

Application for further provision allowed; legacy increased; other legacies adjusted; costs orders made

Orders

  • Plaintiff awarded a further legacy of $118,000 in addition to benefits under the will
  • Legacies to each grandchild reduced to $20,000 (from $25,000)