Tchadovitch v Tchadovitch [2009] NSWSC 1398

New South Wales Supreme Court

CITATION : Tchadovitch v Tchadovitch [2009] NSWSC 1398

HEARING DATE(S) : 26 - 28 October, 30 November 2009

JUDGMENT DATE : 30 November 2009

JURISDICTION : Equity Division

JUDGMENT OF : Rein J

EX TEMPORE JUDGMENT DATE : 30 November 2009

In lieu of the provision made under the will of the testator, provision ought be made for the plaintiff in the sum of $1,925,000, being: (1) $600,000 for the purchase of a home; DECISION : (2) $25,000 for a new car; (3) $100,000 for contingencies; and (4) a $1,200,000 lump sum.

CATCHWORDS : SUCCESSION – family provision and maintenance – failure by testator to make sufficient provision for applicant – where plaintiff widow is the only eligible person – where plaintiff, who is now 44 years of age, was married to the testator for 25 years and testator has no issue – where agreed that the provision for the plaintiff by the testator is inadequate – consideration of the relationship between the plaintiff and the testator – calculation of lump sum provision based on plaintiff's future needs – provision for the purchase of a home and car and a fund for contingencies

LEGISLATION CITED : Family Provision Act 1982

CATEGORY : Principal judgment

Fisher v Thomson [2006] NSWSC 527 Golosky v Golosky (New South Wales Court of Appeal, 5 October 1993, unreported), cited in Wilson v Knight [2009] NSWSC 230 Hertzberg & Anor v Hertzberg [2003] NSWCA 311 CASES CITED : Mayfield v Suzy Carolyn Lloyd-Williams [2004] NSWSC 417 Palmer v Dolman [2005] NSWCA 361 Todorovic v Waller (1981) 150 CLR 402 Walker v Walker (Supreme Court of New South Wales, 17 May 1996 per Young J (as he then was), unreported)