Ticic v D'Alessandro [2003] NSWSC 998

New South Wales Supreme Court

CITATION : Ticic v D'Alessandro [2003] NSWSC 998 HEARING DATE(S) : 7 October 2003 - 9 October 2003 JUDGMENT DATE : 3 November 2003 JURISDICTION: Equity JUDGMENT OF : Master Macready at 1 DECISION : See paragraph 72

CATCHWORDS : Family Provision - Application by a de facto partner of deceased and a grandchild of deceased - Having regard to the short period of the de facto relationship small provision out of notional estate in favour of the de facto partner - Legacy in favour of grandson - Consideration of special circumstances under s 28 (1) (l) of the Family Provision Act PARTIES : Anka Ticic v Irma D'Alessandro Executrix of the Estate of Nicola Troiano Nicholas Luke Martin v Irma D'Alessandro Executrix of the Estate of Nicola Troiano FILE NUMBER(S) : SC 3686/02; 5017/03 A M Gruzman with A V Gruzman for Anka Ticic COUNSEL : R D Wilson for Nicholas Luke Martin C M Simpson for Irma D'Alessandro Johnston Vaughan Solicitors Kogarah for Anka Ticic SOLICITORS : Brazel Moore Lawyers Gosford by their City Agents David H Cohen & Co Solicitors for Nicholas Luke Martin Nescis Lawyers Leichhardt for Irma D'Alessandro

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Master Macready

Monday 3 November 2003

3686/02 Anka Ticic v Irma D'Alessandro 5017/03 Nicholas Luke Martin v Irma D'Alessandro JUDGMENT 1 Master: This is the hearing of two applications under the Family Provision Act 1982 in respect of the Estate of the late Nicola Troiano who died on 27 April 2002 aged 57 years. The deceased was survived by his two children of his marriage and the plaintiff Anka Ticic who claims to have been living in a de facto relationship with the deceased at the date of his death and for a period of some 3 years beforehand. His wife predeceased the deceased. The other plaintiff Nicholas Luke Martin is a grandchild of the deceased. The deceased's will 2 The deceased made his last will on 16 September 1983 under which he appointed the defendant his sister as executrix. He left the whole of his estate to his two children equally. The estate of the deceased 3 The deceased's estate now comprises the following: 4 Bent Street Petersham $500,000 Furniture Etc $35,000 Jewellery $9,000 Watches $15,000 Motor Vehicle $1,000 4 The furniture jewellery and watches are still retained by the plaintiff despite the fact that she has no entitlement to them under the will. The estate has made no claim for them from the plaintiff so presumably they will remain in her possession. She still occupies the home and refuses to surrender it to the executrix on the basis of the claim she makes in these proceedings. 5 The defendant has paid some of the estate liabilities and the present outstanding liabilities are the following: