Nenes v Armouti

In the case of Nenes v Armouti, the plaintiffs, Michael and Stella Nenes, sought relief against the estate of the late Constantinos Armoutis on three bases. Firstly, they claimed that Con had promised to leave them his estate, which he failed to do. Secondly, they claimed that they were eligible persons under the Family Provision Act 1969 (ACT) (FPA) and that each should receive an order for provision to be made for them out of Con’s estate. Thirdly, they claimed for repayment of the loans they made to Con between 2012 and 2018. The court rejected the equitable estoppel claim. It found that Michael and Stella did not assume that Con would leave them his estate and did not act in reliance on any representations made by Con to that effect. The court found that Michael was an eligible person under the FPA and that adequate provision for his proper maintenance or advancement in life was not available under Con’s will. The court ordered that the sum of $360,000 be paid to Michael from the estate of the late Con Armoutis. The court also found that Stella should recover one half of the $20,000 which she and Michael had paid to Con, and which had not been repaid by the time of his death, together with interest at the rate of 5% from the date of Con’s death to the present.