Paradisis v Kekatos as executor of the estate of the Late John Paradisis

The plaintiffs, the widow of the deceased, sought a family provision order under the Succession Act 2006 (NSW) against the executor of the estate of the late John Paradisis. The widow, who had been married to the deceased for 28 years, was left only a life estate in the matrimonial home. The remainder of the estate was to be given to the three children of the deceased from former marriages. The widow sought the order on the basis that she had been left without adequate provision for her proper maintenance and advancement in life. The executor of the estate opposed the application on the basis that the deceased had provided for the widow to the maximum extent possible.

The court was required to determine whether the widow had been left without adequate provision for her proper maintenance and advancement in life. In doing so, the court had to consider all relevant circumstances, including the nature and extent of the provision made for the widow, the means of the deceased, and the needs of the widow. The court also had to consider whether the deceased had acted reasonably in making the provision he did, having regard to all the circumstances, including his obligations to other family members.

The court found that the widow had been left without adequate provision for her proper maintenance and advancement in life. The court considered that the deceased had provided for the widow to the maximum extent possible, but that this was not enough to meet her needs. The court noted that the widow was elderly and had limited means of support, and that she would require ongoing support to maintain her lifestyle. The court also noted that the deceased had provided for the children from his former marriages in a significant way, and that this was a relevant consideration in determining whether the widow had been left without adequate provision. The court made a family provision order in favour of the widow, providing for her to receive a Crisp order and a small capital sum. The court considered that this would provide for the widow's proper maintenance and advancement in life, and that it was reasonable having regard to all the circumstances.

The court made an order for the executor of the estate to pay to the widow a sum of $200,000 by way of a family provision order, together with interest at the rate of 4% per annum from the date of the order until the date of payment. The court also made an order that the executor was to execute a conveyance of the matrimonial home to the widow, subject to the terms of the family provision order. The court further ordered that the executor was to pay the costs of the application.