Chisak v Presot [2022] NSWCA 100

Chisak v Presot [2022] NSWCA 100

The deceased did not lack testamentary capacity or knowledge and approval of the will; the appellant was an eligible applicant as a partly dependent grandchild, but adequate provision was made for her in the 2017 will, so no family provision order was warranted. The appeal was dismissed.

Parties
Appellant: Ivy Hope Chisak; First Respondent: Emanuela Presot; Second Respondent: Adelina Presot
Jurisdiction
Australia
Judgment Date
21 June 2022
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Testamentary Capacity, Knowledge and Approval of Will, Family Provision, Eligibility for Family Provision as Grandchild, Adequacy of Provision Under Will
Succession Law Testamentary Capacity Knowledge and Approval of Will Family Provision Eligibility for Family Provision as Grandchild Adequacy of Provision Under Will

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Parties

Ivy Hope Chisak

Appellant

Emanuela Presot

First Respondent

Adelina Presot

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the 2017 will was invalid due to lack of testamentary capacity and lack of knowledge and approval by the deceased
  2. 2 Whether the appellant was an 'eligible person' under s 57(1)(e) Succession Act 2006 (NSW)
  3. 3 Whether adequate provision had been made for the appellant's maintenance, education or advancement in life

Ratio Decidendi

The deceased did not lack testamentary capacity or knowledge and approval of the will; the appellant was an eligible applicant as a partly dependent grandchild, but adequate provision was made for her in the 2017 will, so no family provision order was warranted. The appeal was dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Probate in solemn form of the 2017 will granted to the respondents