Dugac v Dugac [2012] NSWSC 192

Dugac v Dugac [2012] NSWSC 192

The Plaintiff did not satisfy the jurisdictional threshold for a family provision order; her principal motivation was to pass any provision to her children (who are not eligible persons), and the making of such provision would not address her own financial or material needs as required by the Act. Even if jurisdiction was established, the Court would not exercise discretion to make an order given these facts.

Parties
Plaintiff: Marija Dugac; Defendant: Marijan Dugac
Jurisdiction
Australia
Judgment Date
08 March 2012
Procedural Posture
Family Provision Application / Principal Judgment at Trial
Outcome
Plaintiff's claim dismissed; costs order made.
Legal Topics
Family Provision, Eligible Person, Discretion of Court, Jurisdictional Threshold, Advancement in Life, Adequate Provision, Costs in Family Provision, Distribution to Beneficiaries
Succession Law Wills and Estates Family Provision Eligible Person Discretion of Court Jurisdictional Threshold Advancement in Life Adequate Provision +2 more

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Parties

Marija Dugac

Plaintiff

Marijan Dugac

Defendant

Procedural Posture

Family Provision Application / Principal Judgment at Trial

Legal Issues

  1. 1 Whether the Plaintiff (adult daughter) should receive a family provision order from the deceased's estate
  2. 2 Whether adequate provision has been made for the Plaintiff's proper maintenance, education or advancement in life
  3. 3 Application of the two-stage test under Succession Act 2006 (NSW) s 59

Ratio Decidendi

The Plaintiff did not satisfy the jurisdictional threshold for a family provision order; her principal motivation was to pass any provision to her children (who are not eligible persons), and the making of such provision would not address her own financial or material needs as required by the Act. Even if jurisdiction was established, the Court would not exercise discretion to make an order given these facts.

Court Disposition

Plaintiff's claim dismissed; costs order made.

Orders

  • The Plaintiff's Summons is dismissed.
  • The Defendant's costs, calculated on the indemnity basis, will be paid out of the estate of the deceased.