Katramados v Hasapis (No 5) [2021] NSWSC 1656

Katramados v Hasapis (No 5) [2021] NSWSC 1656

It is now clear the distributable NSW estate can be determined without reference to the uncertain value of the Greek estate. Taking into account the diminished distributable estate after all costs, the agreement not to burden Mary's share with family provision orders, and the statutory and discretionary factors, the only just course is to award Adriana and Billy lump sums of $235,000 each from the NSW estate, with the third defendant to receive $100,000, and Julia as residuary beneficiary. Costs are to be paid out of the estate, with Adriana and Billy to bear particular costs arising from their resistance.

Parties
Plaintiff: Julia Katramados; First Defendant: Despina Hasapis; Second Defendant: Adriana Kalantzis; Third Defendant: Maria Kalantzis; Fourth Defendant: Vassilis Kalantzis
Jurisdiction
Australia
Judgment Date
16 December 2021
Procedural Posture
Family Provision, Succession, Probate / Final Orders After Multiple Judgments
Outcome
Final orders proposed (subject to submissions): Adriana and Billy awarded $235,000 each, Maria $100,000, Julia as residuary beneficiary; payment of costs as specified; adjustments for legal costs caused by resistance; Billy's share to be paid into Court pending resolution of his solicitor's claim.
Legal Topics
Family Provision, Probate, Administration of Estate, Costs
Succession Equity Family Provision Probate Administration of Estate Costs

Case Brief

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Parties

Julia Katramados

Plaintiff

Despina Hasapis

First Defendant

Adriana Kalantzis

Second Defendant

Maria Kalantzis

Third Defendant

Vassilis Kalantzis

Fourth Defendant

Procedural Posture

Family Provision, Succession, Probate / Final Orders After Multiple Judgments

Legal Issues

  1. 1 Whether further family provision orders should be made for Adriana and Billy out of the NSW estate
  2. 2 How to distribute the NSW estate given competing claims and the effect of costs
  3. 3 How to treat the value and realisability of property in the Greek estate for the NSW proceedings

Ratio Decidendi

It is now clear the distributable NSW estate can be determined without reference to the uncertain value of the Greek estate. Taking into account the diminished distributable estate after all costs, the agreement not to burden Mary's share with family provision orders, and the statutory and discretionary factors, the only just course is to award Adriana and Billy lump sums of $235,000 each from the NSW estate, with the third defendant to receive $100,000, and Julia as residuary beneficiary. Costs are to be paid out of the estate, with Adriana and Billy to bear particular costs arising from their resistance.

Court Disposition

Final orders proposed (subject to submissions): Adriana and Billy awarded $235,000 each, Maria $100,000, Julia as residuary beneficiary; payment of costs as specified; adjustments for legal costs caused by resistance; Billy's share to be paid into Court pending resolution of his solicitor's claim.

Orders

  • Adriana Kalantzis to receive $235,000 in lieu of intestacy share in the NSW estate, subject to deduction of $35,271.51 for costs caused by resistance to administration.
  • Vassilis Kalantzis to receive $235,000 in lieu of intestacy share in the NSW estate, subject to deduction of $47,587.96 for costs caused by resistance to administration.