Tarbes v Taleb [2023] NSWSC 565

Tarbes v Taleb [2023] NSWSC 565

Adequate provision was not made for the plaintiff by the deceased’s Will. The long-term nature of the relationship, the plaintiff’s contributions, the size of the estate, the absence of competing claims, and the plaintiff’s financial need justified an order for outright provision by way of a $2.5 million legacy in lieu of the trust fund provision, but not provision for any claim relating to a potential Centrelink contingent liability due to lack of adequate evidence.

Parties
Plaintiff: Juan Segundo Tarbes; First Defendant: Tarek Taleb; Second Defendant: Laila Merza
Jurisdiction
Australia
Judgment Date
05 June 2023
Procedural Posture
Family Provision / Principal Judgment
Outcome
Provision to be given in lieu of provision under Will; parties to bring in short minutes of order
Legal Topics
Family Provision, Large Estates, Provision for Widower, Adequate and Proper Provision, Statutory Interpretation, Evidentiary Effect of Death Certificate, Disclosure Obligations, Centrelink Contingent Liability
Succession Law Equity Family Provision Large Estates Provision for Widower Adequate and Proper Provision Statutory Interpretation Evidentiary Effect of Death Certificate +2 more

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Parties

Juan Segundo Tarbes

Plaintiff

Tarek Taleb

First Defendant

Laila Merza

Second Defendant

Procedural Posture

Family Provision / Principal Judgment

Legal Issues

  1. 1 Whether the deceased's Will made adequate and proper provision for the plaintiff under Succession Act 2006 (NSW)
  2. 2 Whether provision for accommodation and a lump sum is appropriate for the plaintiff
  3. 3 Whether the plaintiff is entitled to provision for a potential contingent liability to Centrelink arising from receipt of a disability support pension

Ratio Decidendi

Adequate provision was not made for the plaintiff by the deceased’s Will. The long-term nature of the relationship, the plaintiff’s contributions, the size of the estate, the absence of competing claims, and the plaintiff’s financial need justified an order for outright provision by way of a $2.5 million legacy in lieu of the trust fund provision, but not provision for any claim relating to a potential Centrelink contingent liability due to lack of adequate evidence.

Court Disposition

Provision to be given in lieu of provision under Will; parties to bring in short minutes of order

Orders

  • Plaintiff to receive a legacy in the sum of $2.5 million in lieu of the trust fund provision in the deceased’s Will
  • Parties directed to bring in short minutes of order to give effect to the reasons for judgment