Lodin v Lodin; Estate of Dr Mohammad Masoud Lodin [2017] NSWSC 10

Supreme Court New South Wales

Medium Neutral Citation: Lodin v Lodin; Estate of Dr Mohammad Masoud Lodin [2017] NSWSC 10 Hearing dates: 31 May, 1 and 2 June 2016 Date of orders: 25 January 2017 Decision date: 25 January 2017 Jurisdiction: Equity - Family Provision List Before: Brereton J Decision: Plaintiff to receive legacy of $750,000 from estate of deceased. Catchwords: SUCCESSION – Family Provision – application by former wife – where relationship arose in course of professional doctor/patient relationship – cohabitation of 18 months – application made 25 years after separation and 23 years after final matrimonial financial settlement – where applicant had care responsibility for 6 year old child until 21 – where applicant embarked on course of hostile action against deceased – where applicant's earning capacity subsequently affected by motor vehicle accident – where deceased prospered financially – where deceased dies intestate with daughter only beneficiary of $5 million estate – whether factors warranting application – held, enduring impact of relationship on applicant, applicant's indirect contribution to deceased's estate, size of estate and absence of competing claim provide factors warranting – proper provision would enable acquisition of reasonably appropriate home, living expenses for life expectancy, and small fund for contingencies Legislation Cited: (CTH) Family Law Act 1975, s 44, s 79, s 79A, s 81 (NSW) Family Provision Act 1982, s 31 (NSW) Succession Act 2006, s 57(1)(d), s 59(1)(b), s 59(3), s 59(4), s 60, s 61, s 95 (NSW) Probate and Administration Act 1898, s 84A Cases Cited: Andrew v Andrew (2012) 81 NSWLR 656 Burke v Burke [2015] NSWCA 195 Churton v Christian (1988) 13 NSWLR 241 Dawes & Dawes (1990) FLC ¶92-108 Dijkhuijs v Barclay (1988) 13 NSWLR 639 Ferraro & Ferraro (1993) FLC ¶92-335 Fulop Deceased, Re (1987) 8 NSWLR 679 Hastings v Hastings [2010] NSWCA 197 Holcombe v Holcombe [1993] NSWCA 137. Marras, In the Estate of the late Anthony [2014] NSWSC 915 O'Shaughnessy v Mantle (1986) 7 NSWLR 142 Singer v Berghouse (No 2) (1994) 181 CLR 201 Smith v Smith (1986) 161 CLR 217 Stewart v McDougall (NSWSC, Young J, 19 November 1987, unreported) Vigolo v Bostin (2005) 221 CLR 191 Wentworth v Wentworth (SCNSW, Bryson J, 14 June 1991, BC9101896) Category: Principal judgment Parties: Magdalena Lodin (plaintiff) Rebecca Lodin (defendant) Representation: Counsel: P W Bates (plaintiff) L Ellison SC w P Carr (defendant)