Khreich v NSW Trustee & Guardian [2012] NSWSC 1299

Khreich v NSW Trustee & Guardian [2012] NSWSC 1299

Adequate provision was not made by the deceased for his wife Lily and two sons, Joe and Marwan, as none were provided for under the will. All are eligible persons under the Succession Act 2006 (NSW). Considering their needs, circumstances, the size of the estate and the lack of provision, the court determined family provision orders should be made: Lily to receive the deceased's Parramatta property and an additional lump sum; Joe to receive a capital amount; Marwan to receive a capital amount or, in the alternative, a taxi plate and cash, plus discharge of mortgage on an associated property. Provision reflects both the obligation of the testator and the varying needs, relationship, and...

Jurisdiction
Australia
Judgment Date
30 October 2012
Procedural Posture
Family Provision Application / Judgment After Hearing
Outcome
Family provision orders to be made for the three plaintiffs; parties to bring in short minutes reflecting provision for each plaintiff and addressing costs; matter stood over for agreement and further orders.
Legal Topics
['family Provision Orders' 'succession Act 2006 (nsw)' 'discretionary Provision for Spouse and Adult Children' 'competing Claims on a Deceased Estate']
['succession Law' 'family Provision'] ['family Provision Orders' 'succession Act 2006 (nsw)' 'discretionary Provision for Spouse and Adult Children' 'competing Claims on a Deceased Estate']

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Procedural Posture

Family Provision Application / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the deceased made adequate provision for the proper maintenance, education or advancement in life of the plaintiffs (wife and two sons) as required under the Succession Act 2006 (NSW)' 'Whether further provision out of the estate should be made for the applicants and, if so, in what amounts and what form']

Ratio Decidendi

Adequate provision was not made by the deceased for his wife Lily and two sons, Joe and Marwan, as none were provided for under the will. All are eligible persons under the Succession Act 2006 (NSW). Considering their needs, circumstances, the size of the estate and the lack of provision, the court determined family provision orders should be made: Lily to receive the deceased's Parramatta property and an additional lump sum; Joe to receive a capital amount; Marwan to receive a capital amount or, in the alternative, a taxi plate and cash, plus discharge of mortgage on an associated property. Provision reflects both the obligation of the testator and the varying needs, relationship, and...

Court Disposition

Family provision orders to be made for the three plaintiffs; parties to bring in short minutes reflecting provision for each plaintiff and addressing costs; matter stood over for agreement and further orders.

Orders

  • ['Directing the parties to bring in short minutes of orders reflecting the provision made for each plaintiff and addressing costs, if possible.' 'Standing over the proceedings to a date suitable to the parties and the court.']