Karayannis v Smith [2004] NSWSC 667

New South Wales Supreme Court

CITATION : Karayannis v Smith [2004] NSWSC 667 HEARING DATE(S) : 19/04/04, 26/07/04 JUDGMENT DATE : 27 July 2004 JURISDICTION: Equity Division JUDGMENT OF : Master Macready at 1 DECISION : Paragraph 50

CATCHWORDS : Family Provision. Claim by two children of deceased's first marriage. Deceased's joint property received by her third husband. Orders made for legacies and designation of notional estate. PARTIES : Nicholas Karanyannis and Stephanie Karayannis by their tutor Dean Karayannis v Smith FILE NUMBER(S) : SC 2528 of 2002 Ms M Tzannes for plaintiffs (19/04/04) COUNSEL : Mr DeBuse for plaintiffs (26/07/04) Mr L Ellison for defendant SOLICITORS : Marsdens The Lawgroup for plaintiffs Teece Hodgson & Ward for defendant

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

MASTER MACREADY

Tuesday 27 July 2004

2528/2002 NICHOLAS DEAN KARAYANNIS AND STEPHANIE LEIGH KARAYANNIS BY THEIR TUTOR DEAN KARAYANNIS v EDWARD MICHAEL SMITH

JUDGMENT

1 MASTER: This is an application under the Family Provision Act 1982 (NSW) by the two children of the late Leonie Robyn Smith who died on 18 December 2000. She was survived by, inter alia, the plaintiffs' father who is the tutor of the two plaintiffs. The eldest plaintiff, Nicholas, has recently turned 18 years. The remaining defendant is the widower of the deceased. He was her third husband. The deceased's second husband and their son, Joshua, also survived the deceased. They have been given notice and make no claim.

The last will of the deceased

2 The last will of the deceased was made on 4 April 2000 under which the deceased left the whole of her estate to the defendant and appointed her sister executrix. No probate was applied for as there was no actual estate but for the purposes of this application Letters of Administration were granted to the plaintiffs' tutor.