Australia, July 24 -- New South Wales Land and Environment Court issued text of the following judgement on June 24:

1. OThese proceedings concern the estate of the late Finikou Theocharous, who died in June 2023 at the age of 83. The plaintiff, who is one of her sons, makes an application for family provision under Chapter 3 of the Succession Act 2006 ("SA").

2. The only significant asset in the estate is the former family home, a house at Marshall Street in Bankstown. The property was the subject of related proceedings in this Court for possession brought by the executor against the plaintiff, who had remained in occupation after the death of the deceased. The proceedings came before me in February this year and I made an order for possession in favour of the executor: Theocharous v Theochaorus [2025] NSWSC 45 ("J1"). After some delay, the order was complied with, and the plaintiff gave up possession of the property.

3. The family background is as follows. The deceased's husband was George Theocharous ("George Snr"). He predeceased her, dying in 1998. The deceased and George Snr had five children: Andrew Theocharous ("Andrew"); Mario Theocharous ("Mario"); Maria Panayi ("Maria"); Theo Theocharous ("Theo"); and Harris Theocharous ("Harris").

4. The Marshall Street property was purchased by George Snr. After he died in 1998, the property passed to the deceased by survivorship. But rather than live there on her own, the deceased moved in with Maria's family and the property was rented out.

5. In about 2001 or about 2003 (there is a dispute about the timing) the deceased moved out of Maria's home and returned to Marshall Street. She was joined there by Harris, who by that stage had been divorced from his former wife.

6. The deceased lived with Harris at Marshall Street until 2022 or thereabouts (again the timing is disputed) when she was admitted to a nursing home in Yagoona. Harris continued, and continues since the deceased's death, to live at Marshall Street.

7. The deceased's last will was made in 2012. It is in conventional form. The deceased appointed Andrew as her executor. The assets in her estate were to be realised, her debts discharged, and the proceeds divided between her children in five equal shares. Probate of the will was granted to Andrew in April last year. The Marshall Street property was later transmitted to him as executor.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19767d7cbac43a48bc4467b3)

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