The Estate of Tatiana Anorov [2024] NSWSC 1301

Supreme Court New South Wales

Medium Neutral Citation: The Estate of Tatiana Anorov [2024] NSWSC 1301 Hearing dates: On the papers Date of orders: 16 October 2024 Decision date: 16 October 2024 Jurisdiction: Equity - Probate List Before: Slattery J Decision: Both the monies paid to the claimant under the family provision claim brought after the date of the settlement agreement and the defence costs of that family provision claim come within the meaning of "testamentary expenses" in the settlement agreement. The second defendant ordered to pay the plaintiffs' costs of the proceedings. Catchwords: SUCCESSION – administration of estates – construction of agreement settling probate and family provision proceedings - plaintiffs bring probate proceedings to seek probate of a 2014 will of the deceased – the 2014 will names the two plaintiffs as executors and gives the whole of the estate to them beneficially – four other proceedings brought against the estate of the deceased under Succession Act 2005 s 59 - all proceedings resolved before final hearing, granting probate to the named executors of the 2014 will and agreeing upon the distribution of the estate – a term of the settlement agreement was that "liabilities" and "testamentary expenses" will be shared in specified proportions between the executors/beneficiaries of the 2014 will – a further family provision claim is brought against the executors of the estate after the settlement agreement – whether the cost of defending the family provision claim and the payment made to the family provision claimants are "liabilities" or "testamentary expenses" within the settlement agreement. Legislation Cited: Civil Procedure Act 2005, ss 14, 56, 73 Probate and Administration Act 1898, s 46C(2) Succession Act, ss 58(2), 66(1), 98(2) Cases Cited: Application of Ferdinando Scali [2010] NSWSC 1254 Bartlett v Coomber [2008] NSWCA 100 Jurak v Latham [2023] NSWSC 1318 Katter v Melhem [2015] NSWCA 213 Narayan v Narayan [2022] NSWSC 1685 Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451; [2004] HCA 35 Sharp v Lush (1879) 10 ChD 468 Szlazco v Travine [2004] NSWSC 610 Toll (FGCT) Pty Ltd v Alphafarm Pty Ltd [2004] HCA 52 Category: Costs Parties: Vladimir Tsukanov (First Plaintiff/First Cross-Defendant) Peter Ivanovich Semovskih (Second Plaintiff/Second Cross-Defendant) Maria Stepanov (First Defendant) George Erzikoff (Second Defendant/Cross-Claimant) Sergey Erzikoff (Third Defendant/Third Respondent) Joshua Travers (Fourth Defendant/Fourth Respondent) Sofia Stepanov (Fifth Respondent) Julie Heidler (Sixth Respondent) Arcady Nemtzeff (Seventh Respondent) Representation: Counsel: Mr A J Munro (Plaintiffs/Cross-Defendants) Ms P Lowson with Ms M Waters (Second Defendant/Cross-Claimant)