Nina Sheuvalova Vaysbakh -v- Edward Vaysbakh [2007] NSWSC 1223

New South Wales Supreme Court

CITATION : Nina Sheuvalova Vaysbakh -v- Edward Vaysbakh [2007] NSWSC 1223

HEARING DATE(S) : 27, 28, 29 and 30 August 2007

JUDGMENT DATE : 1 November 2007

JUDGMENT OF : Associate Justice McLaughlin

DECISION : 1. I order that the summons be dismissed. 2. I order that the Plaintiff pay the costs of the Defendant. 3. The exhibits may be returned.

CATCHWORDS : Succession. Family Provision. Intestacy. Claim by widow. Marriage of nine years. Plaintiff and Deceased lived seperately for last two and a half years of Deceased's life. Plaintiff entitled to entirety of estate upon intestacy. Financial and material circumstances of Plaintiff. Whether Plaintiff has been left without adequate provision for her proper maintenance. Competing claim of Defendant. Deceased made a will in favour of Defendant. Will revoked by Deceased's marriage to Plaintiff. Notional estate. Agreement between Deceased and his former wife that their son, the Defendant, should receive home unit. Deceased became joint tenant of home unit with Defendant. Whether failure of Deceased to sever joint tenancy constituted a prescribed transaction. Whether home unit should be designated notional estate. Valuable consideration for agreement between Deceased and his former wife. Agreement between Deceased and Defendant regarding Deceased's occupancy of home unit. Valuable consideration for agreement between Deceased and Defendant. Importance of not interfering with reasonable expectations in relation to property. Substantial justice and merits of case.

LEGISLATION CITED : Family Provision Act 1982 Wills, Probate and Administration Act 1898

CASES CITED : Singer v Berghouse (1994) 181 CLR 201 Vigolo v Bostin (2005) 221 CLR 191