Lajcarova & Anor v Todorov [2011] NSWSC 522

Lajcarova & Anor v Todorov [2011] NSWSC 522

Both Plaintiffs are eligible persons under the Act. The Will made inadequate provision for their proper maintenance and advancement in life considering their financial circumstances, absence of reserves, and inability to earn, and the size of the estate and lack of competing claims. Lump sum payments are justified and proportionate, taking account of their needs and Macedonian inheritance.

Jurisdiction
Australia
Judgment Date
17 June 2011
Procedural Posture
Family Provision Application / Final Determination
Outcome
Orders made for lump sum provision for both Plaintiffs; orders as to payment, interest, and charges; costs deferred.
Legal Topics
['adequacy of Testamentary Provision' 'claim by Adult Children' 'assessment of Needs' 'quantum of Provision' 'competing Claims' 'discretionary Orders']
['succession Law' 'family Provision'] ['adequacy of Testamentary Provision' 'claim by Adult Children' 'assessment of Needs' 'quantum of Provision' 'competing Claims' 'discretionary Orders']

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Procedural Posture

Family Provision Application / Final Determination

Legal Issues

  1. 1 ['Whether each Plaintiff is an eligible person under the Family Provision Act 1982' "Whether adequate provision was made for each Plaintiff in the deceased's Will or during her lifetime" 'Whether, if not, family provision should be ordered and in what quantum']

Ratio Decidendi

Both Plaintiffs are eligible persons under the Act. The Will made inadequate provision for their proper maintenance and advancement in life considering their financial circumstances, absence of reserves, and inability to earn, and the size of the estate and lack of competing claims. Lump sum payments are justified and proportionate, taking account of their needs and Macedonian inheritance.

Court Disposition

Orders made for lump sum provision for both Plaintiffs; orders as to payment, interest, and charges; costs deferred.

Orders

  • ['First Plaintiff is to receive $79,000 out of the estate of the deceased in New South Wales.' 'Second Plaintiff is to receive $93,000 out of the estate of the deceased in New South Wales.' 'Each lump sum to be paid within 28 days or as agreed, with interest on sums unpaid at rates prescribed by s 84 of the Probate...