Megerditchian v Khatchadourian

The appeal concerned a family provision claim brought by an adult child, the appellant, against the estate of the deceased. The primary judge had made an order in favour of the appellant for provision from the notional estate. The appeal was heard in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the provision ordered by the primary judge constituted adequate provision for the proper maintenance, education, or advancement of the appellant. This required the Court to consider the deceased's responsibilities to the appellant and the appellant's needs in light of the size and nature of the estate.

The Court of Appeal dismissed the appeal, finding that the primary judge's decision was not erroneous. The Court applied the principles governing family provision claims, which require a balancing of the deceased's testamentary intentions against the applicant's needs and the overall circumstances of the estate. The Court concluded that the provision made by the primary judge was adequate and that no further provision was warranted. Consequently, the appellant was ordered to pay the costs of the respondent.