Michael Zannetides v Tracey Spence [2013] NSWSC 2032

Michael Zannetides v Tracey Spence [2013] NSWSC 2032

The plaintiffs failed to show sufficient cause for extension of time to make a family provision application, as they were aware of the limitation period, and the claim was made late for reasons principally attributable to knowing inaction. Even if time were extended, the estate is insufficient to provide for both the widow and adult children. The first plaintiff is entitled to reimbursement for reasonable funeral and headstone expenses incurred for the deceased's burial.

Jurisdiction
Australia
Judgment Date
16 December 2013
Procedural Posture
Family Provision Application, Claim for Funeral Expenses / Final Judgment at First Instance
Outcome
Plaintiffs' claims for family provision dismissed; first plaintiff awarded funeral expenses; costs orders made.
Legal Topics
['family Provision' 'funeral Expenses' 'application Out of Time' 'costs']
['succession Law' 'equity'] ['family Provision' 'funeral Expenses' 'application Out of Time' 'costs']

Case Brief

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Procedural Posture

Family Provision Application, Claim for Funeral Expenses / Final Judgment at First Instance

Legal Issues

  1. 1 ['Whether time to apply for family provision order should be extended under s 58(2) Succession Act 2006 (NSW)' "Whether the plaintiffs are entitled to a family provision order from the deceased's estate" 'Whether the first plaintiff is entitled to reimbursement for funeral and headstone expenses']

Ratio Decidendi

The plaintiffs failed to show sufficient cause for extension of time to make a family provision application, as they were aware of the limitation period, and the claim was made late for reasons principally attributable to knowing inaction. Even if time were extended, the estate is insufficient to provide for both the widow and adult children. The first plaintiff is entitled to reimbursement for reasonable funeral and headstone expenses incurred for the deceased's burial.

Court Disposition

Plaintiffs' claims for family provision dismissed; first plaintiff awarded funeral expenses; costs orders made.

Orders

  • ['Defendant to pay the first plaintiff $17,851 for funeral costs.' "Plaintiffs' claims otherwise dismissed." "Plaintiffs to pay 70% of the defendant's costs."]