Marino Zugan v Angela Zugan (aka Koppel) [2015] NSWSC 1821

Marino Zugan v Angela Zugan (aka Koppel) [2015] NSWSC 1821

It was not established that Marino Zugan had not received adequate provision under the will for his proper maintenance, education and advancement, given his fifty percent share of the estate, current and future earning capacity, and existing superannuation entitlements. The will's equal distribution conformed with contemporary community standards.

Parties
Plaintiff: Marino Zugan; First Defendant: Angela Zugan (aka Koppel)
Jurisdiction
Australia
Judgment Date
27 November 2015
Procedural Posture
Claim for Family Provision Order / Final Judgment
Outcome
Application dismissed
Legal Topics
Family Provision Order, Succession Act S 59, Adult Child of Deceased, Adequate Provision, Bankruptcy of Beneficiary
Equity Succession Family Provision Order Succession Act S 59 Adult Child of Deceased Adequate Provision Bankruptcy of Beneficiary

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Parties

Marino Zugan

Plaintiff

Angela Zugan (aka Koppel)

First Defendant

Procedural Posture

Claim for Family Provision Order / Final Judgment

Legal Issues

  1. 1 Whether adequate provision was made for Marino Zugan's proper maintenance, education and advancement in life under the will of Anna Zugan pursuant to s 59 of the Succession Act 2006 (NSW)
  2. 2 Whether further provision should be made from the estate

Ratio Decidendi

It was not established that Marino Zugan had not received adequate provision under the will for his proper maintenance, education and advancement, given his fifty percent share of the estate, current and future earning capacity, and existing superannuation entitlements. The will's equal distribution conformed with contemporary community standards.

Court Disposition

Application dismissed

Orders

  • First plaintiff's (Marino Zugan) summons dismissed. Costs and orders relating to the payment into Court of Marino's share of the estate to be heard and determined separately.