Chisak v Presot

The appeal concerned a dispute over the deceased's will, brought by the appellant, Ms Chisak, against the respondent, Mr Presot. Ms Chisak alleged that the deceased lacked testamentary capacity and knowledge and approval of the will. The matter was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the deceased possessed the requisite testamentary capacity and knowledge and approval of the will, and alternatively, whether Ms Chisak was an eligible person to make a family provision claim under the *Succession Act 2006* (NSW). This eligibility hinged on whether she was wholly or partly dependent on the deceased and whether adequate provision had been made for her education, maintenance, and advancement in life.

The Court of Appeal dismissed the appeal, upholding the primary judge's findings. The Court found that the evidence did not establish a lack of testamentary capacity or knowledge and approval of the will. Furthermore, the Court determined that Ms Chisak was not an eligible person for a family provision order, as she had not demonstrated sufficient dependence on the deceased or that inadequate provision had been made for her needs. The appeal was dismissed with costs.