Are a Testator’s Moral Obligations Relevant?

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…

How Relevant Are the Deceased’s Testamentary Intentions?

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…