Dimic v Djekovic

In the case of Dimic v Djekovic, the plaintiff, Dimic, sought a family provision order from the Supreme Court of New South Wales, claiming that he was living in a de facto relationship with the deceased at the time of his death. The defendant, Djekovic, was the sole executor named in the will of the deceased and contested the plaintiff's claim. The will contained some provision for the plaintiff, but Dimic argued that this was inadequate. The court was tasked with determining whether a family provision order should be made and, if so, the nature and quantum of the further provision.

The central legal issues the court had to address were whether Dimic was indeed living in a de facto relationship with the deceased at the date of his death and, if so, whether the provision made in the will was inadequate and required adjustment. The court examined the nature and duration of the relationship, the degree of financial interdependence, and the extent to which the deceased had provided for the plaintiff in the will. Additionally, the court considered the statutory criteria set out in the Family Provision Act to determine if the provision was fair and reasonable.

After evaluating the evidence and arguments presented, the court concluded that Dimic had satisfied the criteria for a de facto relationship. It found that the provision made in the will was indeed inadequate, given the financial circumstances of the deceased and the needs of the plaintiff. The court ordered that the defendant should provide a further sum to the plaintiff, ensuring that the total provision met the requirements of fairness and reasonableness under the Family Provision Act. This decision balanced the statutory objectives with the particular circumstances of the case, ensuring that the deceased's estate was distributed in accordance with both legal and equitable principles.