Megerditchian v Khatchadourian [2019] NSWSC 1870

Megerditchian v Khatchadourian [2019] NSWSC 1870

The deceased's will failed to make adequate provision for Vanoush, and a legacy of $100,000 should be made by designating the deceased’s half share in the Willoughby property as notional estate, as this does not unreasonably interfere with the reasonable expectations of Hampartzoum nor does non-disclosure by Vanoush constitute a jurisdictional bar to relief.

Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Family Provision Application / Principal Judgment Prior to Determination of Costs and Final Quantum
Outcome
Court found the deceased's will failed to make adequate provision; a legacy of $100,000 should be awarded to Vanoush from notional estate, with costs and quantum to be addressed in further hearing.
Legal Topics
['family Provision' 'notional Estate' 'testamentary Dispositions' 'adequacy of Provision' 'disclosure in Family Provision Applications']
['succession Law' 'equity'] ['family Provision' 'notional Estate' 'testamentary Dispositions' 'adequacy of Provision' 'disclosure in Family Provision Applications']

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Procedural Posture

Family Provision Application / Principal Judgment Prior to Determination of Costs and Final Quantum

Legal Issues

  1. 1 ["Whether proper provision was made for the plaintiff's maintenance, education or advancement by the deceased's will" 'Whether failure to disclose financial circumstances is a jurisdictional bar to relief' 'Whether to designate property as notional estate']

Ratio Decidendi

The deceased's will failed to make adequate provision for Vanoush, and a legacy of $100,000 should be made by designating the deceased’s half share in the Willoughby property as notional estate, as this does not unreasonably interfere with the reasonable expectations of Hampartzoum nor does non-disclosure by Vanoush constitute a jurisdictional bar to relief.

Court Disposition

Court found the deceased's will failed to make adequate provision; a legacy of $100,000 should be awarded to Vanoush from notional estate, with costs and quantum to be addressed in further hearing.

Orders

  • ['Proceedings listed for further hearing on the questions of costs and quantum of provision at a date to be fixed.']