Doriana Mary Jones v Mauro Poletti

Doriana Mary Jones and her sister, together with their mother, brought an application under section 59 of the Succession Act 2006, seeking that the court make an order for provision out of the estate of their father, Mauro Poletti, who had died intestate. The plaintiffs sought an order that they be provided with an adequate sum of money for their proper maintenance, education and advancement in life. The estate of the deceased had been left to his two sons, with 85 percent of the estate going to one son. The plaintiffs argued that this was not adequate provision for them, given their estrangement from their father during his lifetime.

The court was required to determine whether the deceased had made adequate provision for the maintenance, education and advancement in life of the plaintiffs, and whether an order should be made in their favour under section 59. The court considered the evidence and submissions made by the parties on this issue. It found that the deceased had not made adequate provision for the plaintiffs and that an order should be made in their favour. The court ordered that the plaintiffs receive a lump sum payment of $500,000 each.

The court held that the plaintiffs' estrangement from the deceased, while not the sole consideration, was a significant factor in determining that adequate provision had not been made for them. The court noted that the deceased had left the whole of his estate to his two sons, with nothing left to the plaintiffs. The court considered the plaintiffs' age, their estrangement from the deceased, and the fact that they owed minor debts to the estate. The court found that the amount ordered was sufficient to provide for the plaintiffs' proper maintenance, education and advancement in life.