Indjic v Stojanovic [2020] NSWSC 470

Indjic v Stojanovic [2020] NSWSC 470

The Plaintiff failed to establish, on the balance of probabilities, that she was living in a de facto relationship with the deceased at the time of his death, nor did she prove dependency and household membership, so did not qualify as an 'eligible person' under s 57 Succession Act 2006 (NSW); her claim for a family provision order must be dismissed.

Jurisdiction
Australia
Judgment Date
30 April 2020
Procedural Posture
Family Provision / Principal Judgment
Outcome
Plaintiff's Summons dismissed with costs
Legal Topics
['family Provision Orders' 'eligibility for Provision' 'de Facto Relationships' 'representation of Self Represented Litigants']
['succession' 'equity' 'civil Procedure'] ['family Provision Orders' 'eligibility for Provision' 'de Facto Relationships' 'representation of Self Represented Litigants']

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Procedural Posture

Family Provision / Principal Judgment

Legal Issues

  1. 1 ["Whether the Plaintiff qualifies as an 'eligible person' under the Succession Act 2006 (NSW)" 'Whether the Plaintiff was living in a de facto relationship with the deceased at the time of death' 'Whether the Plaintiff was wholly or partly dependent on the deceased and a member of the household' 'Whether there are factors warranting the making of the application' "Adequacy of provision made by the deceased's Will for the Plaintiff"]

Ratio Decidendi

The Plaintiff failed to establish, on the balance of probabilities, that she was living in a de facto relationship with the deceased at the time of his death, nor did she prove dependency and household membership, so did not qualify as an 'eligible person' under s 57 Succession Act 2006 (NSW); her claim for a family provision order must be dismissed.

Court Disposition

Plaintiff's Summons dismissed with costs

Orders

  • ["The Plaintiff's Summons is dismissed with costs."]