Paul v Satici [2022] NSWSC 922

Supreme Court New South Wales

Medium Neutral Citation: Paul v Satici [2022] NSWSC 922 Hearing dates: 7, 8 February and 14, 15 June 2022; written submissions received on 13, 15 June 2022 Decision date: 08 July 2022 Jurisdiction: Equity - Family Provision List Before: Kunc J Decision: Additional provision ordered Catchwords: SUCCESSION – Family provision – Claim by adult child – Provision sought to purchase a home Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Anderson v Hill [2017] NSWSC 1149 Camernik v Reholc [2012] NSWSC 1537 Grant v Roberts; Smith v Smith; Roberts v Same; Curtis v Same [2019] NSWSC 843 Mayfield v Lloyd-Williams [2004] NSWSC 419 McGrath v Eves [2005] NSWSC 1006 Category: Principal judgment Parties: Esin Paul (Plaintiff)

Erkan Satici (Defendant) Representation: Counsel:

JA Trebeck (Plaintiff) FF Salama; A Smyth (Defendant)

Solicitors:

Harris & Company Solicitors (Plaintiff) Prime Lawyers (Defendant) File Number(s): 2020/329643 Publication restriction: No

Judgment

Summary 1. This judgment determines an application for family provision orders by Esin Paul in relation to the estate of her late father, Yilmaz Satici (the Estate). Without intending any disrespect, the parties will be referred to in this judgment by their given names. 2. Yilmaz died in February 2020. At the time of his death, he had been widowed for nearly ten years. He was survived by three adult children (Esin Paul, Fisun Katsamatsas and Erkan Satici) and ten grandchildren. 3. By his will dated 16 August 2012 (the Will), Yilmaz appointed his youngest child, Erkan, as executor. Erkan is the defendant in these proceedings. A legacy of $100,000 was granted to Erkan under the Will but was increased to $300,000 pursuant to a codicil of 6 May 2015 (the Codicil). In what follows, a reference to the Will includes the Codicil. 4. Under the Will, the residue of Yilmaz's estate was to be divided: 1. One quarter to Esin; 2. One quarter to Fisun; 3. One quarter to Erkan; and 4. One quarter to be divided equally among Yilmaz's ten grandchildren that would vest in each upon any of marriage, turning twenty-five years of age, or the purchase of real estate or a business. 1. The Court has determined that Esin is entitled to $700,000 in lieu of her quarter share of the residue of the Estate. To the extent that amount exceeds what she would otherwise have been entitled to, the excess is to be borne rateably between Erkan's share of the Estate (including the $300,000 granted to him under the Codicil) and what would otherwise be Fisun's quarter share of the residue. 2. Esin is to have her costs out of the Estate on the ordinary basis as agreed or assessed up to $100,000 or as the Estate may otherwise agree. The Estate is to have its costs on the indemnity basis.