Lalic v Lalic [2022] NSWSC 31

Lalic v Lalic [2022] NSWSC 31

The court found that the deceased's will did not make adequate provision for the plaintiff, given his deteriorated health, poor financial position, lack of superannuation, and significant unpaid contribution to the family business. A provision by way of a lump sum of $125,000 was proper, considering the size of the estate, the contributions of Anne and Johnny to the deceased's care, the provision already made to the plaintiff during the deceased’s lifetime, and the testatrix’s wishes.

Jurisdiction
Australia
Judgment Date
27 January 2022
Procedural Posture
Family Provision Application / Judgment After Hearing
Outcome
Further provision ordered for the plaintiff.
Legal Topics
['family Provision' 'adult Child Claims' 'moral Duty of Testator' 'adequate Provision' "testator's Discretion" 'contribution to Family Estate']
['succession' 'equity'] ['family Provision' 'adult Child Claims' 'moral Duty of Testator' 'adequate Provision' "testator's Discretion" 'contribution to Family Estate']

Case Brief

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Procedural Posture

Family Provision Application / Judgment After Hearing

Legal Issues

  1. 1 ["Whether the will of Zorka Lalic provided adequate provision for the plaintiff's proper maintenance and advancement in life under the Succession Act 2006 (NSW)" "If not, what provision should be made from the deceased's estate for the plaintiff"]

Ratio Decidendi

The court found that the deceased's will did not make adequate provision for the plaintiff, given his deteriorated health, poor financial position, lack of superannuation, and significant unpaid contribution to the family business. A provision by way of a lump sum of $125,000 was proper, considering the size of the estate, the contributions of Anne and Johnny to the deceased's care, the provision already made to the plaintiff during the deceased’s lifetime, and the testatrix’s wishes.

Court Disposition

Further provision ordered for the plaintiff.

Orders

  • ["Provision to the plaintiff in a lump sum of $125,000 in lieu of the will's provision, pursuant to s 59 Succession Act 2006 (NSW)." 'The burden of this provision to be borne from the share left to Johnny Lalic.' 'No interest payable on the lump sum if paid within eight weeks; otherwise, interest at the rate...