Karimalis v Kapodistrias

The appeal in *Karimalis v Kapodistrias* concerned a family provision claim brought by the appellant against the estate of the deceased. The dispute centred on whether the provision made for the appellant under the deceased's will was adequate, and whether certain assets should be considered in assessing the estate's value for the purposes of the claim. The matter was heard by Pearce J, Brett J, and Porter AJ.

The primary legal issue before the Court was to determine the appropriate provision to be made for the appellant from the deceased's estate, considering the circumstances of the parties and the relevant legislative criteria for family provision claims. This involved assessing the deceased's obligations and responsibilities to the appellant, the appellant's own financial resources and needs, and the size and nature of the deceased's estate. A key aspect of this determination was whether a residential property, purchased by the deceased in the appellant's name for her exclusive use but rented out at the time of the deceased's death, should be taken into account as an asset relevant to the appellant's independent means.

The Court reasoned that it was proper to take the residential property into account when assessing the appellant's independent means, notwithstanding it was registered in her name and intended for her use. The fact that the property was rented out at the time of the deceased's death indicated it was an income-producing asset that contributed to the appellant's financial position. The Court allowed the appeal, setting aside the orders of the Associate Judge.

In lieu of the previous orders, the Court directed that the deceased's interest in the property at 32 Shepherd Street, Sandy Bay, Tasmania, be held on trust for the appellant for her lifetime. Furthermore, the executors and trustees were ordered to pay the appellant the sum of $650,000 from the estate. The Court also directed that a certified copy of this order be endorsed on the probate of the will, with the executors required to bring the grant of probate into court for this purpose.