Stejskal v Hely & Ors [2019] NSWSC 1417

Stejskal v Hely & Ors [2019] NSWSC 1417

Dr Stejskal owed a moral duty to provide adequate provision for Tomas Stejskal, his only child, considering the size of the estate, Tomas's limited means, age, and health. Adequate provision includes funds sufficient for a two bedroom apartment and for expenses and contingencies, totaling $700,000 (including the legacy already received).

Parties
Plaintiff: Tomas Stejskal; First Defendant: Joanne Robyn Hely; Second Defendant: Jeffrey Sean Agius; Third Defendant: Justin Betar
Jurisdiction
Australia
Judgment Date
17 October 2019
Procedural Posture
Family Provision Application / Principal Judgment
Outcome
Additional provision ordered for plaintiff
Legal Topics
Family Provision, Testamentary Freedom, Succession Act 2006 (nsw) S 59, Succession Act 2006 (nsw) S 60, Adequate Provision, Moral Duty of Testator
Succession Law Equity Family Provision Testamentary Freedom Succession Act 2006 (nsw) S 59 Succession Act 2006 (nsw) S 60 Adequate Provision Moral Duty of Testator

Case Brief

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Parties

Tomas Stejskal

Plaintiff

Joanne Robyn Hely

First Defendant

Jeffrey Sean Agius

Second Defendant

Justin Betar

Third Defendant

Procedural Posture

Family Provision Application / Principal Judgment

Legal Issues

  1. 1 Whether the will of Jan Stejskal made adequate provision for the proper maintenance, education and advancement in life of Tomas Stejskal under the Succession Act 2006 (NSW)
  2. 2 What additional provision ought to be made for Tomas Stejskal

Ratio Decidendi

Dr Stejskal owed a moral duty to provide adequate provision for Tomas Stejskal, his only child, considering the size of the estate, Tomas's limited means, age, and health. Adequate provision includes funds sufficient for a two bedroom apartment and for expenses and contingencies, totaling $700,000 (including the legacy already received).

Court Disposition

Additional provision ordered for plaintiff

Orders

  • In addition to the legacy of $50,000, there be additional provision for Tomas Stejskal in the sum of $650,000.
  • The plaintiff's costs be paid out of the Estate of Jan Stejskal on the ordinary basis.