Cahn v Kosmin

The applicant, Cahn, sought additional family provision from the estate of her deceased father, Kosmin. The father had made substantial inter vivos gifts to his daughter, and the estate was depleted due to the father’s bankruptcy. The father had also made a very substantial testamentary provision to the applicant. The central issue was whether the applicant was entitled to additional family provision given the substantial gifts already received and the father’s depleted resources. Another key issue was the applicant’s obligation to provide accurate financial information to the court.

The court considered the substantial inter vivos gifts made to the applicant and the father's depleted resources, which were significantly reduced due to bankruptcy. It acknowledged the very substantial testamentary provision made to the applicant. The court emphasised the importance of the applicant providing accurate financial information to the court, as this was crucial for the assessment of her needs and the father's ability to provide for her. The court concluded that while the applicant had already received substantial benefits, a moderate additional provision was warranted to meet her reasonable needs, considering the circumstances.

The court awarded the applicant a moderate additional provision from the estate, recognising the need to balance the applicant's reasonable needs against the substantial inter vivos and testamentary provisions already received. The court’s decision underscored the importance of accurate financial information in such assessments. The court highlighted that the applicant's obligation to provide truthful and complete financial information was critical in determining the appropriate outcome. The court’s ruling was focused on achieving a fair and reasonable outcome, taking into account all relevant factors, including the father's ability to provide for the applicant and the substantial gifts already made.