Estate of the Late Nikolaos Tsiokanis

Background

During his lifetime, Lighthouse Law Group prepared a comprehensive and complex Will for the Deceased. In the Will, two of his three children, George Tsiokanis & Connie Meli, were appointed executors and the principal beneficiaries of their late father’s deceased estate with his third child, Barbara Georgopoulos, gifted a nominal amount of $100.00 only.

Barbara filed a claim under the Succession Act 2006 (NSW) for a family provision order, arguing inadequate provision was made for her under her father’s Will. She sought additional provision from her father’s estate, claiming:

  • she had financial needs
  • she had made contributions to her father’s household during his lifetime.

Lighthouse Law Group acted for George & Connie to defend Barbara’s claim and to seek that their father’s wishes, as expressed in his Will, be respected.

Key Legal Issues

An essential consideration in the matter was Barbara’s estrangement from her father which was attributed to her alleged hostile behaviour towards him, including physical and verbal abuse. The claim was that the estrangement had lasted over a decade, a significant period during which neither party made attempts to reconcile.

Court Findings

The Court found that the estrangement between Barbara and the Deceased was substantially due to Barbara’s conduct with the evidence provided during the hearing, supporting the Deceased’s reasons for minimal provision to her.

While Barbara demonstrated financial need, the Court held that any moral duty owed by the Deceased did not extend to amending his Will to make significant provision for Barbara, given her estrangement and the Deceased’s testamentary intent.

Claim Dismissed

The Court dismissed Barbara’s claim for additional provision upholding the terms of the Deceased’s Will, including the intended allocation of his estate based on the proven factors of family relationship quality, conduct and financial need assessments.

The judgment was a balancing act between legal criteria for deciding on a family provision claim and having respect for a decedent’s testamentary autonomy, reaffirmung that Courts can respect minimal testamentary provisions under justified circumstances.

Contact Us

We can help prepare a Will to withstand legal challenge or to help you make a succesful family provision claim, please contact our expert Deceased Estates team for advice and legal support tailored to suit your needs.

Tel: 02 9744 9236
Email: info@lighthouselawgroup.com.au