Saba v Saba [2016] NSWSC 1576

The court found that, due to Judy Saba's substantial role in the care of her parents, resulting in financial disadvantage including inability to reduce her mortgage, adequate provision was not made for her in the deceased's will, and further provision of $150,000 should be made from the estate for her proper maintenance and advancement in life.

Parties: Plaintiff: Judy Saba; Defendant: Peter Saba
Jurisdiction: Australia
Judgment Date: 08 November 2016
Procedural Posture: Family Provision Application / Principal Judgment After Hearing
Outcome: Further provision of $150,000 to be made for Judy Saba from the estate of the deceased.
Legal Topics: Family Provision, Adequate Provision for Adult Children, Succession Act 2006 (nsw), Mortgages and Estate Provision

Succession Law Equity Family Provision Adequate Provision for Adult Children Succession Act 2006 (nsw) Mortgages and Estate Provision

Case Brief

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Parties

Judy Saba

Plaintiff

Peter Saba

Defendant

Procedural Posture

Family Provision Application / Principal Judgment After Hearing

Legal Issues

1 Whether adequate provision was made for the proper maintenance and advancement in life of the plaintiff Judy Saba under the deceased's will
2 Whether further provision should be made for Judy Saba from the deceased's estate

Ratio Decidendi

Court Disposition

Further provision of $150,000 to be made for Judy Saba from the estate of the deceased.

Orders

Short minutes to be brought in to give effect to reasons; parties to be heard as to costs.