Vigolo v Bostin was an appeal to the High Court, following the dismissal of Vigolo's family provision claim under s 6 of the Inheritance (Family Dependants Provision) Act 1972 (WA), both by the primary judge at first instance and on appeal. Vigolo, the appellant, was one of the deceased's five children. He commenced family provision proceedings after…
A testator is generally entitled to dispose of their estate however and to whomever they wish. Thus, parents are under no legal obligation to provide for their adult children. However, this testamentary freedom is not absolute and adult children may be able to contest their parents will under the family provision legislation. Under the NSW…
The deceased, Adelaide Rosemary Coote, died at 99. Earlier versions of the deceased's will had purported that her estate be divided equally between her two sons. However four years prior to her death, the deceased changed her will, providing that her entire estate be left to her oldest son, Brian, save for a $25,000 legacy…
Singer v Berghouse was an appeal to the High Court following the dismissal of the appellant's family provision claim, both at first instance and on appeal. The appellant sought an order for family provision from her deceased husband's estate under the Family Provision Act 1982 (NSW). Singer, was the widow of the deceased. The deceased's will provided…
In NSW if the deceased dies without a will, the estate is distributed according to the rules of intestacy outlined in the Succession Act. In intestacy cases, the entire estate will pass to the deceased's closest relative, and no regard will be given to any wishes expressed by the deceased during their lifetime.
The deceased’s oldest daughter, Jenny, brought a family provision claim challenging the estate’s distribution. The will provided that Jenny would receive a $30,000 legacy while the rest and residue of the $433,200 estate would be left to the deceased’s youngest daughter Karen. The deceased’s justification for the unequal distribution of her estate was recorded in…
In cases involving estrangement, society generally accepts that a parent is no longer morally obligated to provide for that child and therefore is entitled to disinherit them. However, no law gives a parent the absolute right to disinherit a child simply because they are estranged. Family Provision operates as an exception to testamentary freedom; it…
Provided that a will is valid, family provision provides the only avenue for contesting a will. A child may contest their parent's will where it does not provide 'adequate' or 'proper provision for their 'maintenance, education or advancement in life'. However, a child cannot contest a will merely because they have not been treated equally.…
The deceased, Miryana Smojed, died without a will and per the laws of intestacy her entire estate passed to her brothers. David Forrester, a friend and alleged former lover of the deceased's, applied for a family provision order on the basis that he had been living in a close personal relationship with the deceased at…