Megerditchian v Khatchadourian

The matter of Megerditchian v Khatchadourian involved the plaintiff, an adult child of retirement age, seeking a family provision order against the defendant, the executor of her father's estate. The deceased had left a will that did not provide for the plaintiff, who was estranged from him. The plaintiff sought provision from a potential notional estate consisting of half the share in the family home. The court was tasked with determining whether the plaintiff had failed to make full and proper disclosure of her financial position and whether such non-disclosure constituted a jurisdictional issue. Additionally, the court had to assess whether it was appropriate to designate the property as a notional estate and whether such a designation would interfere with the defendant's reasonable expectations.

The court examined the plaintiff's dealings with her own children concerning accommodation, noting that the evidence was unclear on this matter. It also considered the reasons for the plaintiff's estrangement from the deceased, which were not clearly established. The plaintiff received a legacy of $10,000 from the estate, and the court needed to determine if this constituted proper provision and what provision, if any, should be made. The court had to weigh the plaintiff's financial position, her contributions to the deceased, and the circumstances of her estrangement against the overall estate and the wishes of the deceased as expressed in the will.

In its reasoning, the court found that the plaintiff had not made full and proper disclosure of her financial position, but this non-disclosure was not a jurisdictional issue. The court concluded that it was appropriate to designate the property as a notional estate, and this designation would not interfere with the defendant's reasonable expectations. The court ordered that the plaintiff receive a provision of $125,000 from the notional estate, reflecting her needs and the overall circumstances of the case. The court considered the plaintiff's age, her estrangement from the deceased, and her receipt of the $10,000 legacy in reaching its decision.