A Melbourne judge has ruled against a son who claimed his cancer-stricken mother had promised him her $1.96 million home. Elpiniki Tsakmakis, 85, was forced to defend the Northcote property against her youngest son George, who had been living in the house with his family.
The property on Beavers Road was purchased by Elpiniki and her late husband Antonios in 1965. George and his family moved into the home in 1988 and lived there until 2011, when they moved back into the residence. The court heard that George claimed his parents had promised him the property as part of his inheritance if he moved in and renovated it.
Dispute Over Ownership
In 2023, Elpiniki asked George and his family to vacate the home so she could sell it to fund her husband's care at the Heritage Northcote Aged Care Facility. The facility required an initial $600,000 bond plus ongoing daily costs. When George refused to leave, his mother's lawyer sent a letter informing him of her intention to sell the property due to financial strain.
George then asserted the promise of inheritance, stating he had spent approximately $30,000 of his savings and $10,000 in borrowed funds on renovations including a new kitchen, bathroom, heating system, and exterior work. However, Elpiniki contended that George's parents had permitted him and his family to live there temporarily, on the condition that he covered all outgoings, to help them save for a deposit on their own home. She also claimed George had lost his job in 2017 and failed to pay for property expenses beyond gas and electricity.
Elpiniki testified that she informed George about the escalating land tax costs, stating she and her husband were ill and could not afford it. She recounted her daughter-in-law saying, "You need to give us the house before you die."
George's older brother, Jim Tsakmakis, also testified, stating that George had repeatedly asked to move into the property in 2011. Jim understood the arrangement to be temporary and rent-free, with George responsible for all outgoings to ensure his parents were not financially burdened.
Judicial Ruling
In her judgment, Justice Claire Harris of the Supreme Court of Victoria found no clear and unequivocal promise from Elpiniki or her late husband that George and his family could live in the property indefinitely or inherit it. The court deemed the arrangement to be limited and conditional.
Justice Harris ordered George and his family to vacate the property. The ruling also indicated that George would likely be required to pay market rent from mid-2025 onwards. The matter reached the Supreme Court shortly before Antonios Tsakmakis died.