SAVKULOVSKI v SAVKULOVSKI [2001] NSWSC 378

New South Wales Supreme Court

CITATION : SAVKULOVSKI v SAVKULOVSKI [2001] NSWSC 378 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 4712/2000 HEARING DATE(S) : 02/05/01 JUDGMENT DATE : 8 May 2001

PARTIES : MENKA SAVKULOVSKI v KRSTE SAVKULOVSKI - ESTATE OF VANGEL SAVKULOVSKI JUDGMENT OF : Master Macready at 1

COUNSEL : Mr J. Wilson for plaintiff Miss Y. Holt for defendant SOLICITORS : Moroney Rutter Mantach for plaintiff Ross Fiddes for defendant CATCHWORDS : Family Provision. - Application by elderly widow who needs a live in carer to look after her in her home in which she has lived for 35 years. - Long marriage and contrinbutions to the estate. - Order that the whole estate pass to the widow. CASES CITED : Singer v Berghouse (1994) 181 CLR 201 Golosky & Anor v Golosky, unreported 5 October 1993 DECISION : Paragraph 30

1 MASTER: This is an application under the Family Provision Act in respect of the estate of the late Vangel Savkulovski who died on 16 July 1999 aged in his 70's. The deceased was survived by his widow, who is the plaintiff in this action. The deceased and his widow had no children. 2 The relevant members of the family who appear in the evidence given before me are as follows:

Vangel Savkulovski, the deceased; Menka Savkulovski, his widow; Tala Markovsky, a sister of Menka; Boris Zulumovitch, brother of Menka; Zora Zulumovitch, wife of Boris; Krste Savkulovski, a brother of the deceased; Dragi Savkulovski, a son of Krste and a nephew of the deceased; Diana Zulumovski, a daughter of Boris. 3 The deceased made his last Will and Testament on 5 May 1997 and probate was granted to the defendant, the brother of the deceased, on 6 July 2000. 4 The provisions of the will provided for the plaintiff to receive: (i) A joint life interest with the defendant in the property 58 Regent Street, New Lambton and upon the termination of the plaintiff's life interest to the defendant and Boris Zulumovitch as tenants in common in equal shares. During the joint life interest, the plaintiff has the right to exclusive occupancy of the residence whilst the defendant has a right to income from the lock up shop. (ii) Furniture and personal effects in the home at 58 Regent Street, New Lambton. 5 To his brother the defendant: (i) His interest in the property at 56 Regent Street, New Lambton. (ii) His interest in the property at 61 Regent Street, New Lambton. His interest in each case was as a half owner. 6 The rest of his estate went to the defendant, the deceased's brother Metodi Savkulovski, his sisters Mara Staninovski and Dana Kumcevski, and twelve named nieces and nephews. 7 The deceased left the following assets: Half interest in 56 Regent Street, New Lambton Half interest in 58 Regent Street, New Lambton $170,000.00 Half interest in 61 Regent Street, New Lambton $180,000.00 Newcastle Permanent Building Society $54,596.00 ANZ Bank New Lambton $45,491.00 ST George Bank $75,671.00 Commonwealth Bank $12,638.00 Furniture crockery etc $5,000.00 Total $543,398.00 The current assessment of the net estate is $538,000. 8 In addition, the deceased and the plaintiff owned the following assets as joint tenants: