Fede v Dell'Arte

In the case of Fede v Dell'Arte, the dispute centred on the deceased's estate and the respective entitlements of the parties involved. The Court of Appeal was tasked with determining the eligibility of the Plaintiff, a grandchild of the deceased, to claim family provision under the Family Provision Act. The Plaintiff had lived in the deceased's home for 11 years and argued that she was dependent on the deceased for her maintenance and support.

The legal issues before the court were whether the Plaintiff was indeed dependent on the deceased and if there were factors warranting a departure from the usual rule of distribution. The court had to assess the financial and material circumstances of the Plaintiff and consider whether she had been left without adequate provision for her proper maintenance and advancement. Additionally, the court needed to weigh the Plaintiff's claim against other beneficiaries to determine the nature of the provision to be made.

The court found that the Plaintiff was indeed dependent on the deceased, considering the length of time she lived in the deceased's home and the support she received. The court also identified factors warranting an application for family provision, including the Plaintiff's financial circumstances and the absence of adequate provision for her. The court concluded that there were grounds for the Plaintiff's claim and ordered that a provision be made for her from the deceased's estate.