Ibrahim v Nasr [2021] NSWSC 1321

Ibrahim v Nasr [2021] NSWSC 1321

Adequate provision has not been made for the plaintiff by the will; in light of her long marriage to the deceased, substantial need for accommodation and living expenses, lack of assets, and mistreatment by siblings, an order for provision of $500,000 is appropriate; defendant's allegations of criminality and inadequate care are unsubstantiated; orders required for sale of property, distribution, and costs.

Parties
Plaintiff: Nejme Ibrahim; First Defendant: Clint Nasr; Second Defendant: George Nasr
Jurisdiction
Australia
Judgment Date
15 October 2021
Procedural Posture
Application for Family Provision Order / Principal Judgment
Outcome
Order for provision in favour of plaintiff, further directions and standing over for final orders.
Legal Topics
Family Provision, Will Contest, Estate Administration, Professional Conduct (legal Practitioners)
Succession Law Equity Family Provision Will Contest Estate Administration Professional Conduct (legal Practitioners)

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Parties

Nejme Ibrahim

Plaintiff

Clint Nasr

First Defendant

George Nasr

Second Defendant

Procedural Posture

Application for Family Provision Order / Principal Judgment

Legal Issues

  1. 1 Whether adequate provision has been made for the plaintiff under the will of the deceased
  2. 2 Whether the arrangement at the time of marriage precludes provision from the estate
  3. 3 Whether the plaintiff maltreated or stole from the deceased

Ratio Decidendi

Adequate provision has not been made for the plaintiff by the will; in light of her long marriage to the deceased, substantial need for accommodation and living expenses, lack of assets, and mistreatment by siblings, an order for provision of $500,000 is appropriate; defendant's allegations of criminality and inadequate care are unsubstantiated; orders required for sale of property, distribution, and costs.

Court Disposition

Order for provision in favour of plaintiff, further directions and standing over for final orders.

Orders

  • Proceeding stood over for making of orders on 21 October 2021 at 9.30am.
  • Parties to supply by email agreed orders, or in lieu of agreement, proposed orders by 5pm on 20 October 2021 concerning provision, costs, and sale of Campsie property.