Kharpoutlian v Manoukian Minassian v Manoukian [2009] NSWSC 251

New South Wales Supreme Court

CITATION : Kharpoutlian v Manoukian Minassian v Manoukian [2009] NSWSC 251

HEARING DATE(S) : 02/04/09

JUDGMENT DATE : 23 April 2009

JURISDICTION : Equity Division

JUDGMENT OF : Macready AsJ at 1

DECISION : Paragraph 48

CATCHWORDS : Family Provision. Application by two daughters for further provision. Orders made. No matter of principle.

Taline Kharpoutlian v Hagop Jack Manoukian - Estate of Kenarik Kharpoutlian PARTIES : Shoghik Minassian v Hagop Jack Manoukian

FILE NUMBER(S) : SC 4914/2007; 1715/2008

Miss R Winfield for Taline COUNSEL : Mr PR Glissan for Shoghik Mr GM McGrath for defendant

Griffin Lawyers for Taline SOLICITORS : Lander & Lander Pty Limited for Shoghik Burridge & Legg for defendant

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

ASSOCIATE JUSTICE MACREADY

Thursday 23 April 2009

4914/2007 Taline Kharpoutlian v Hagop Jack Manoukian 1715/2008 Shoghik Minassian v Hagop Jack Manoukian (Estate of Kenarik Kharpoutlian) JUDGMENT 1 HIS HONOUR: This is the hearing of two applications for provision under the Family Provision Act 1984 in respect of the estate of the late Kenarik Kharpoutlian who died on 6 September 2006. The applications are brought by the two daughters of the deceased who are her only children. The deceased's husband predeceased her.

2 The applications were heard together and the parties have treated the evidence in one application as the evidence in the other. Accordingly, I order that the evidence in one application be evidence in the other.

Last will of the deceased 3 The deceased made her last will on 30 August 2006 a week before she died. Under her will, the deceased appointed her brother, Jack Manoukian, the defendant as her executor. The deceased left a one quarter share of the residue of her estate to a friend, Juliet Nahabedian, a one quarter share to her daughter, Taline Kharpoutlian, a one quarter share to her daughter Shoghik Minassian and a one quarter share to be held jointly for Kassia Minassian and Meenas Minassian the children of Shoghik Minassian. Kassia and Meenas' share was to be invested and held until they reached the age of thirty years.