Khadarou v Antarakis

The appellant, Ms. Khadarou, sought provision from the estate of the deceased, Mr. Antarakis, under Chapter 3 of the *Succession Act 2006* (NSW). The primary dispute concerned whether Ms. Khadarou qualified as an "eligible person" for the purposes of making a family provision claim, specifically whether she was "living with" the deceased at the time of his death. Ms. Khadarou argued that her close friendship with the deceased, coupled with her regular provision of domestic support and personal care, satisfied the statutory requirements. The matter was heard by White and Kirk JJA, and Basten AJA.

The central legal issue before the Court of Appeal was whether Ms. Khadarou's relationship with the deceased met the definition of "living with" as contemplated by the *Succession Act 2006* (NSW) for the purpose of making a family provision claim. This required the court to interpret the meaning of "living with" in the context of a close friendship where domestic support and personal care were provided, but without a formal cohabitation arrangement.

The Court of Appeal affirmed the primary judge's finding that Ms. Khadarou did not satisfy the requirement of "living with" the deceased. The judges reasoned that the statutory language contemplated a more integrated form of cohabitation than that which existed between Ms. Khadarou and Mr. Antarakis. While acknowledging the appellant's significant contributions and the close nature of their friendship, the court held that these factors alone did not establish the necessary domestic relationship for eligibility under the Act. The court therefore dismissed the appeal.

The Court ordered that the time for filing the notice of appeal be extended to 17 November 2021, but ultimately dismissed the appeal with costs.