Kastrounis v Foundouradakis

In Kastrounis v Foundouradakis, the plaintiffs, a son and a daughter of the deceased, sought a family provision order out of the estate or notional estate of the deceased under the Succession Act 2006. Each plaintiff received a modest legacy from the estate, but virtually no actual estate remained after those bequests. The defendants, the grandchildren of the deceased, had the deceased's real property transferred to them shortly before her death, with consideration identified in the contract for sale not paid by them, though other consideration was provided. The plaintiffs argued that full valuable consideration was not given and sought provision from the defendants. The defendants subsequently sold the property and argued that no provision should be made from the proceeds of sale or any other property.

The court was required to decide whether full valuable consideration was given for the transfer of the deceased's real property to the defendants and, if not, whether provision should be made for each plaintiff from the proceeds of sale or other property of the defendants. The court also had to determine if the proceeds of sale, or other property of the defendants, should be designated as the notional estate.

The court found that the consideration provided for the transfer of the property was not full valuable consideration, as the defendants had not paid the amount specified in the contract for sale. However, the court held that no provision needed to be made from the proceeds of sale or other property of the defendants because the plaintiffs had already received legacies from the estate. The court ruled that the notional estate was not constituted by the proceeds of sale or other property of the defendants.

In conclusion, the court dismissed the plaintiffs' claims. No family provision order was made from the proceeds of sale or any other property of the defendants. The court's decision was based on the finding that the plaintiffs had already received legacies from the estate and that the notional estate did not include the proceeds of sale or other property of the defendants.