Key Issues and Decisions:

1. Suspensory Order: Plaintiffs sought to suspend the administration of Dean Costanza’s estate under Section 59 of the Succession Law Reform Act.

   • Ruling: Denied. The insurance payout was already distributed; thus, no estate assets were available for suspension.

2. Mareva Injunction: Plaintiffs requested to restrain Bozana Skojo from dissipating the insurance proceeds designated for Matteo Costanza.

   • Ruling: Denied. Insufficient evidence was provided to prove a risk of asset dissipation.

3. Inclusion of Life Insurance in Estate: Plaintiffs argued the insurance payout should be part of the estate under Section 72(1)(f) to fund dependant support claims.

   • Ruling: Denied. The court held that the funds, already paid to a designated beneficiary, were protected under Section 72(7).

4. Trust Deposit Order: Plaintiffs sought an order to hold the insurance proceeds in trust.

   • Ruling: Denied. This was seen as a collateral attack on a prior order directing the payout to Skojo.

Background:

The dispute centers on a $500,000 life insurance policy for Dean Costanza’s son, Matteo. Christina Price claimed dependant support for her son, Christos, arguing a common-law relationship with Costanza. Previous rulings validated the insurance payout to Matteo’s guardian, Ms. Skojo.

Next Steps: Costs submissions are due by December 24, 2024, if unresolved. No monetary award was specified.