IMO the will of Vourdoulidis

Do Not Send for Reporting
IN THE SUPREME COURT OF VICTORIA		Not Restricted

AT MELBOURNE

COMMERCIAL AND EQUITY DIVISION

S CI  2010 1073

IN THE MATTER OF Part IV of the Administration and Probate Act 1958

The estate of NIKOS VOURDOULIDIS (deceased) 

BETWEEN

THEODOSIS MOUSSAGEAS	Plaintiff
v
STATE TRUSTEES LIMITED (which is sued as executor of the will of the above named deceased)	Defendant

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JUDGE:	ZAMMIT AsJ
WHERE HELD:	Melbourne
DATE OF HEARING:	7, 8 and 11 February 2013
DATE OF JUDGMENT:	3 April 2013
CASE MAY BE CITED AS:	IMO the will of Vourdoulidis
MEDIUM NEUTRAL CITATION:	[2013] VSC 34

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TESTATOR’S MAINTENANCE – Application by cousin – Intestacy – Whether deceased testator had responsibility to provide proper support of cousin – Amount of provision – Administration and Probate Act 1958 s 91 – Order for provision made.

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APPEARANCES:	Counsel	Solicitors
For the Plaintiff	Ms C. Sparke, SC	Pearsons Barristers & Solicitors
For the Defendant	Mr A. Bolkas	State Trustees Limited

HER HONOUR:

Introduction

1. The plaintiff, Theodosis Moussageas (“Theodosis”), makes application for further provision under Part IV of the Administration and Probate Act 1958 (“the Act”) from the estate of his late cousin, Nikos Vourdoulidis (“Nikos”), who died on 25 November 2008.

1. I will refer to the plaintiff and the other witnesses by their first names, to avoid confusion given a number of the witnesses share a common surname. 

1. Nikos’ estate passed under the rules of intestacy contained in Part 1, Division 6 of the Act, in equal shares to his uncle, Christos Moussageas (“Christos”), and his aunts, Georgia Koutouleas (“Georgia”) and Evangelia Limpereas (“Evangelia”).

1. Nikos’ estate at the time of the trial was valued at $317,997.  Payment of the plaintiff and defendant’s legal costs of the trial and some outstanding liabilities will reduce the estate to something less than $217,000. 

1. Nikos’ mother, Malamo Vourdoulidis (“Malamo”), is the sister of the beneficiaries and was Theodosis’ aunty.  All the beneficiaries live permanently in Greece.  The beneficiaries are siblings of Konstantinos, Theodosis’ deceased father, and Malamo, Nikos’ mother.  The beneficiaries are Nikos’ nearest next of kin.  Christos is a 72 year old widower.  Georgia is an 80 year old widow, and Evangelia is 75 years old and married. 

1. Nikos’ father, Kostas Vourdoulidis (“Kostas”), died in 1992 and his mother, Malamo, died on 5 July 2005.  Nikos was the sole beneficiary of his mother’s will dated 25 May 2005.  Nikos’ estate is comprised primarily of the inheritance he received from his mother’s estate. 

1. It is difficult to accurately describe Nikos’ medical condition.  The evidence before the Court is that Nikos had an intellectual disability and suffered from schizophrenia.[1]  Nikos was an individual who never lived independently.  In April 2005, one month prior to his mother’s death, Nikos went to live in Brunswick Lodge at Loyola Avenue.  Nikos continued to live in some form of supported accommodation for the rest of his life. 

   [1]Affidavit of Theodosis Moussageas sworn 31 January 2013, exhibit TM-18.

1. Nikos’ only family in Australia other than his…