Alexander v Jansson

Alexander v Jansson was a case heard by the Supreme Court of Victoria which involved a dispute regarding the sale of a rural property held in co-ownership between the deceased and his mother. The mother, aged 93, applied for an order to appoint trustees for the sale of the property under the statutory trust for sale. She also sought to make a family provision claim, arguing that she had been left without adequate provision for her proper maintenance. The legal issues before the court included whether the mother was an eligible person to make a family provision claim under the relevant legislation, the financial and material circumstances of the mother, and whether the mother should be dispossessed of her home of the past 73 years.

The court considered the relevant statutory provisions and case law in relation to family provision claims. The court found that the mother was an eligible person to make a claim, as she was a dependent of the deceased at the time of his death. The court also considered the mother's financial and material circumstances, including her age, health, and need for ongoing care. The court found that the mother had been left without adequate provision for her proper maintenance and that there were factors warranting the making of an application. The court noted that the mother had been living in the property for 73 years and that dispossessing her would cause her significant hardship.

The court made an order appointing trustees for the sale of the property and also made an order under the family provision legislation. The court found that the mother should receive a sum of money from the sale of the property to provide for her proper maintenance. The court considered the needs of the mother and the fact that she had been living in the property for a significant period of time. The court also noted that the son, who was the other co-owner of the property, had received a substantial benefit from the property during the deceased's lifetime. The final orders included the appointment of trustees for the sale of the property, payment of a sum of money to the mother, and costs orders.