Kusumo v Kusumo [2014] NSWSC 1704

Kusumo v Kusumo [2014] NSWSC 1704

Having regard to all circumstances including size of the estate, Iskandar’s financial needs, relationship with the deceased, his dependents, prior provision in the Will, and community expectations, adequate and proper provision was not made for him by the Will. The appropriate additional provision is a lump sum calculated as 24% of the net proceeds of sale of the Kensington property, to be paid out of the estate, with continuing entitlement to costs from the estate.

Parties
First Plaintiff: Iskandar Kusumo; Second Plaintiff: Nadia Kusumo; Defendant: Ishak Kusumo
Jurisdiction
Australia
Judgment Date
02 December 2014
Procedural Posture
Family Provision / Principal Judgment
Outcome
Family provision order made providing 24% of net proceeds of Kensington property to Iskandar.
Legal Topics
Adequate and Proper Provision, Adult Child Claim, Discretion Under Succession Act 2006 (nsw)
Succession Family Provision Adequate and Proper Provision Adult Child Claim Discretion Under Succession Act 2006 (nsw)

Case Brief

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Parties

Iskandar Kusumo

First Plaintiff

Nadia Kusumo

Second Plaintiff

Ishak Kusumo

Defendant

Procedural Posture

Family Provision / Principal Judgment

Legal Issues

  1. 1 Whether adequate and proper provision has been made for the Plaintiff, an adult child, under the Will of the deceased
  2. 2 The nature and quantum of the provision to be made for him

Ratio Decidendi

Having regard to all circumstances including size of the estate, Iskandar’s financial needs, relationship with the deceased, his dependents, prior provision in the Will, and community expectations, adequate and proper provision was not made for him by the Will. The appropriate additional provision is a lump sum calculated as 24% of the net proceeds of sale of the Kensington property, to be paid out of the estate, with continuing entitlement to costs from the estate.

Court Disposition

Family provision order made providing 24% of net proceeds of Kensington property to Iskandar.

Orders

  • Direct parties to bring in Short Minutes of Order within 14 days giving effect to these reasons.
  • Stand over proceedings to deal with any outstanding argument on form of the Orders and/or costs.