Dimic v Djekovic

[2014] NSWSC 1502

Supreme Court of NSW

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Interrogate

Catchwords

1. SUCCESSION — FAMILY PROVISION — Plaintiff makes a claim for a family provision order — No dispute as to the Plaintiff's eligibility as a person with whom the deceased was living in a de facto relationship at the date of his death — Defendant, the sole executor named in the Will of the deceased — Some provision made in the Will of the deceased for the Plaintiff — Whether family provision order should be made, and if so, the nature and quantum of the further provision to be made

Quick Take

The Court held that the provision made in the deceased's will for the plaintiff, his de facto partner of 24 years, was inadequate, and ordered that she receive 80 per cent of the net proceeds of sale of the Rose Bay property (in lieu of the 50 per cent provided by the will) together with a right to occupy the property rent-free for up to two years.