Ari Katsoulas | Barrister

By Ari Katsoulas, Barrister | (02) 8915-2006 | akatsoulas@wentworthchambers.com.au

The following Will and Estate decisions were published by the Supreme Court of New South Wales in May 2021 –

• Rathswohl v Court (No 2) [2021] NSWSC 505 (Rees J) – Costs on Successful Family Provision Claim – Application by Defendant to Limit Successful Applicant’s Costs – Misestimate of Costs at Trial.
• Starr v Miller; Starr v Miller [2021] NSWSC 426 (Hallen J) – Probate Proceedings – capacity – alternate Family Provision Claims by Adult Daughters – one claim successful, the other unsuccessful.
• Limberger v Limberger; Oakman v Limberger [2021] NSWSC 474 (Hallen J) – Family Provision Claims by Adult Children.
• Cooper v Atkin [2021] NSWCA 82 – Appeal of a Hallen J decision dismissing a Family Provision Claim by an Adult Step-Child (step-daughter) – leave to appeal refused.
• Schneider v Kemeny; Kemeny v Schneider [2021] NSWSC 524 (Rees J) –
• The Estate of Genevieve Bryan [2021] NSWSC 567 (Hallen J) – Interlocutory Decision concerning experts in Probate proceedings.
• Re Estate Charell, deceased [2021] NSWSC 591 (Lindsay J) –
• Chisak v Presot [2021] NSWSC 597 (Hallen J) – Contested Probate Proceedings -Family Provision Claim by Adult Grandchild – Unsuccessful.
• Flanagan v Fisher [2021] NSWSC 598 (Slattery J) – Successful Family Provision Claim by an Adult Child (son) – Provision Ordered Less Favourable than Calderbank Letter – Risks of Rejecting Reasonable offers of compromise – Costs.
• Yesilhat v Calokerinos [2021] NSWCA 110 – Unsuccessful appeal of a 2017 decision of Slattery J – Family Provision Claim rejected – money claim rejected.