Berkelmans v Bulach

Berkelmans v Bulach involved an application by the adult daughter of the deceased, Berkelmans, seeking provision from her mother's estate. The deceased, Berkelmans, had not made any provision for her daughter in her will. The matter was heard in the Supreme Court of Victoria. The daughter contended that the estate should provide for her maintenance and support under section 91(4) of the Administration and Probate Act 1958 (Vic), arguing that the moral obligation to support her arose from the relationship between the deceased and her daughter.

The court was required to determine whether a moral obligation to support the deceased’s adult daughter could give rise to a responsibility under section 91(4) of the Act to make provision for her from the estate. Additionally, the court had to ascertain the amount that would constitute adequate provision for the proper maintenance and support of the plaintiff. The court considered the nature and extent of the moral obligation, the financial circumstances of the estate, and the needs of the daughter in making its decision.

In delivering the judgment, the court found that there was indeed a moral obligation to support the deceased's adult daughter, which translated into a responsibility under section 91(4) of the Act. The court determined that the estate should provide for the daughter's maintenance and support, considering her needs and the financial resources available in the estate. The court awarded a specific sum to the daughter, considering it adequate for her proper maintenance and support.

The final orders of the court included the provision of a specified amount from the deceased's estate to the daughter, recognising the moral obligation to support her and ensuring adequate provision for her maintenance and support.