Tanev v Tanevski [2017] NSWSC 1301

Tanev v Tanevski [2017] NSWSC 1301

Vase failed to establish promises or conduct sufficient for equitable relief, and did not demonstrate that provision under will was inadequate. Extension of time for family provision claim refused due to actual prejudice and delay. Equal division of estate supported by evidence and community standards.

Jurisdiction
Australia
Judgment Date
28 September 2017
Procedural Posture
Family Provision; Equity / Final Judgment
Outcome
Proceedings dismissed
Legal Topics
['equitable Estoppel' 'constructive Trust' 'family Provision' 'extension of Time' 'indefeasibility' 'testamentary Capacity']
['succession Law' 'equity'] ['equitable Estoppel' 'constructive Trust' 'family Provision' 'extension of Time' 'indefeasibility' 'testamentary Capacity']

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Procedural Posture

Family Provision; Equity / Final Judgment

Legal Issues

  1. 1 ['Whether alleged promises by deceased or Cvetan entitled Vase to Berala property' 'Whether Vase entitled to relief by equitable estoppel or constructive trust' 'Whether Family Provision Act extension of time should be granted' 'Whether provision for Vase in will was inadequate']

Ratio Decidendi

Vase failed to establish promises or conduct sufficient for equitable relief, and did not demonstrate that provision under will was inadequate. Extension of time for family provision claim refused due to actual prejudice and delay. Equal division of estate supported by evidence and community standards.

Court Disposition

Proceedings dismissed

Orders

  • ['Proceedings dismissed' 'Liberty reserved to parties to apply regarding costs within 28 days']