Stojanovski v Stojovski

The case of Stojanovski v Stojovski involved a claim for a family provision order by the daughter of the deceased, Stojanovski. The defendant, Stojovski, is a son of the deceased who died intestate. The proceedings were initiated beyond the time prescribed by the relevant Act. At the time of the hearing, there was no actual estate, and no provision had been made for the plaintiff under intestacy. The only property that was sought to be designated as a notional estate was held by the defendant as the sole registered proprietor.

The court was required to determine whether the transaction that occurred within three years before the deceased's death was entered into with the intention, wholly or partly, of denying or limiting provision being made out of the deceased's estate for the maintenance, education, or advancement in life of the plaintiff. The court also needed to consider whether an order designating the property as a notional estate should be made and whether other special circumstances existed. Additionally, the court had to decide whether a designating order should not be made with the result that there was no actual or notional estate out of which an order for provision could be made.

The court held that the defendant was the proper person to represent the estate and notional estate for the purposes of the proceedings. The transaction in question was entered into with the intention, wholly or partly, of denying or limiting provision being made out of the estate for the plaintiff's benefit. However, the court found that designating the property as a notional estate would result in there being no actual or notional estate out of which an order for provision could be made. Consequently, the court concluded that a designating order should not be made and dismissed the claim for a family provision order.

The final orders of the court were that the claim for a family provision order be dismissed and that the plaintiff pay the defendant's costs of the proceedings.