Re Estate Bohar; Bockos v Bohar [2021] NSWSC 1177

Re Estate Bohar; Bockos v Bohar [2021] NSWSC 1177

Plaintiff was not at any time, even partly, dependent on the deceased, so did not fall within 'eligible person' for family provision under Succession Act 2006 (NSW). Even if eligible, there were no factors warranting the making of her application, and her relationship with the deceased did not extend beyond grandchildship.

Parties
Plaintiff: Erika Bockos; First Defendant: Erika Bohar; Second Defendant: Eve Gerzabek; Third Defendant: Steven Gerzabek
Jurisdiction
Australia
Judgment Date
16 September 2021
Procedural Posture
Family Provision Claim / Final Orders
Outcome
Application dismissed
Legal Topics
Family Provision, Notional Estate, Testamentary Disposition, Dependency Criteria
Succession Law Equity Family Provision Notional Estate Testamentary Disposition Dependency Criteria

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Parties

Erika Bockos

Plaintiff

Erika Bohar

First Defendant

Eve Gerzabek

Second Defendant

Steven Gerzabek

Third Defendant

Procedural Posture

Family Provision Claim / Final Orders

Legal Issues

  1. 1 Whether the plaintiff, as adult granddaughter, is an 'eligible person' under Succession Act 2006 (NSW) s 57(1)(e)
  2. 2 Whether there were factors warranting the making of the application under s 59(1)(b)
  3. 3 Whether the plaintiff was left without adequate provision for her proper maintenance, education or advancement in life under s 59(1)(c)

Ratio Decidendi

Plaintiff was not at any time, even partly, dependent on the deceased, so did not fall within 'eligible person' for family provision under Succession Act 2006 (NSW). Even if eligible, there were no factors warranting the making of her application, and her relationship with the deceased did not extend beyond grandchildship.

Court Disposition

Application dismissed

Orders

  • Order that plaintiff's summons be dismissed
  • Order proceedings be listed before Lindsay J on 29 September 2021 at 9:00am for submissions as to costs