Mickovska v Cvetanovska [2015] NSWSC 2160

Mickovska v Cvetanovska [2015] NSWSC 2160

The deceased failed to make adequate provision for his widow by confining her to a life estate, given the long marriage, her contributions, absence of competing needs, and community standards in similar cases; the proper provision is for her to receive the whole of the net estate, i.e., the fee simple in the matrimonial home subject to satisfaction of estate liabilities.

Parties
Plaintiff: Ljubica Mickovska; First Defendant: Gorica (Jenny) Cvetanovska (now known as Subotic); Second Defendant: Lila Gesovska
Jurisdiction
Australia
Judgment Date
16 November 2015
Procedural Posture
Family Provision Application / Final Judgment
Outcome
Plaintiff succeeds; orders for provision made granting her the whole estate.
Legal Topics
Family Provision, Surviving Spouse's Entitlement, Life Estate, Adequate Provision, Estate Liabilities
Succession Law Equity Family Provision Surviving Spouse's Entitlement Life Estate Adequate Provision Estate Liabilities

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Parties

Ljubica Mickovska

Plaintiff

Gorica (Jenny) Cvetanovska (now known as Subotic)

First Defendant

Lila Gesovska

Second Defendant

Procedural Posture

Family Provision Application / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff, as widow, was left without adequate provision for her maintenance under the will.
  2. 2 What provision community standards require for a surviving spouse in these circumstances.
  3. 3 Whether a life estate or fee simple in the matrimonial home constitutes proper provision in the context of this estate.

Ratio Decidendi

The deceased failed to make adequate provision for his widow by confining her to a life estate, given the long marriage, her contributions, absence of competing needs, and community standards in similar cases; the proper provision is for her to receive the whole of the net estate, i.e., the fee simple in the matrimonial home subject to satisfaction of estate liabilities.

Court Disposition

Plaintiff succeeds; orders for provision made granting her the whole estate.

Orders

  • In lieu of the will, plaintiff receives the whole of the deceased's estate.
  • No order as to plaintiff's costs; plaintiff to bear her own costs.