Haskakis v Hatzopoulos [2015] NSWSC 1408

Haskakis v Hatzopoulos [2015] NSWSC 1408

Taking into account Helen's financial position, medical condition, and needs, and notwithstanding her strained relationship and harmful conduct toward her mother, the provision made in the will was not adequate for her proper maintenance and advancement in life. However, the amplitude of provision should be moderated due to her conduct and relationship. An order for provision is appropriate, but not in the amount sought; a legacy of $416,000 is adequate.

Jurisdiction
Australia
Judgment Date
29 September 2015
Procedural Posture
Family Provision Application / Final Judgment
Outcome
Order for further provision
Legal Topics
['family Provision' 'disentitling Conduct' "testator's Moral Obligation" 'provision for Adult Child' 'proper Maintenance and Advancement' 'estranged Relationships']
['wills and Estates' 'equity'] ['family Provision' 'disentitling Conduct' "testator's Moral Obligation" 'provision for Adult Child' 'proper Maintenance and Advancement' 'estranged Relationships']

Case Brief

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Procedural Posture

Family Provision Application / Final Judgment

Legal Issues

  1. 1 ["Whether the provision for Helen Haskakis in the deceased's will was adequate for her proper maintenance and advancement in life" 'Whether Helen engaged in disentitling conduct' 'Impact of strained relationship between Helen and her mother on her claim' "Consideration of Helen's financial needs and disabilities"]

Ratio Decidendi

Taking into account Helen's financial position, medical condition, and needs, and notwithstanding her strained relationship and harmful conduct toward her mother, the provision made in the will was not adequate for her proper maintenance and advancement in life. However, the amplitude of provision should be moderated due to her conduct and relationship. An order for provision is appropriate, but not in the amount sought; a legacy of $416,000 is adequate.

Court Disposition

Order for further provision

Orders

  • ['Provision be made for Helen Haskakis by way of pecuniary legacy of $416,000 out of the estate of Mrs Caralis' 'The burden of $236,000 of the legacy to be borne by residuary beneficiaries in proportion; $180,000 to be borne equally by Bill and James Caralis' 'If legacy is not paid within 30 days, interest payable...