Sasso v Sisinni [2009] NSWSC 35

Sasso v Sisinni [2009] NSWSC 35

There was no enforceable contract or constructive trust as the presumption against legal enforceability in domestic arrangements was not rebutted, nor was there sufficient corroborative evidence or demonstration of intention. The claim of equitable estoppel also fails as the plaintiff did not establish inducement or unconscionable conduct. However, the will made inadequate provision for the widow under the Family Provision Act and the court ordered provision out of the estate accordingly.

Parties
Plaintiff: Malveena Edyth Sasso; First Defendant: Dominic Anthony Sisinni; Second Defendant: Laelia Verlie Aislabie
Jurisdiction
Australia
Judgment Date
10 February 2009
Procedural Posture
Estate/family Provision and Equitable Claims / Final Judgment After Hearing
Outcome
Claims in constructive trust and estoppel dismissed; family provision order granted in favour of plaintiff.
Legal Topics
Constructive Trusts, Family Provision, Equitable Estoppel, Agreements to Make Wills
Succession Law Equity Contract Constructive Trusts Family Provision Equitable Estoppel Agreements to Make Wills

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Malveena Edyth Sasso

Plaintiff

Dominic Anthony Sisinni

First Defendant

Laelia Verlie Aislabie

Second Defendant

Procedural Posture

Estate/family Provision and Equitable Claims / Final Judgment After Hearing

Legal Issues

  1. 1 Whether a constructive trust arose in favour of the plaintiff over the deceased's property based on an alleged agreement to make a will
  2. 2 Whether equitable estoppel prevented the deceased's estate from denying provision to the plaintiff
  3. 3 Whether the plaintiff is entitled to provision out of the deceased's estate under the Family Provision Act 1982

Ratio Decidendi

There was no enforceable contract or constructive trust as the presumption against legal enforceability in domestic arrangements was not rebutted, nor was there sufficient corroborative evidence or demonstration of intention. The claim of equitable estoppel also fails as the plaintiff did not establish inducement or unconscionable conduct. However, the will made inadequate provision for the widow under the Family Provision Act and the court ordered provision out of the estate accordingly.

Court Disposition

Claims in constructive trust and estoppel dismissed; family provision order granted in favour of plaintiff.

Orders

  • Plaintiff to be provided for out of the deceased’s estate: right to reside in property until 31 December 2020, then property to be sold and proceeds split 25% to plaintiff, 75% to second defendant.
  • If sold before that date or if plaintiff vacates, percentage to plaintiff reduces by 2% per year from 45% in 2009 to 25% in 2020; remainder to second defendant.