Korbi v Poljak

Korbi v Poljak is a decision of the Supreme Court of Victoria where the blind daughter sought a family provision order against the estate of her deceased mother. The only asset in the estate was the family home, which was held on trust for the plaintiff's brother for life, with the remainder to the plaintiff and her siblings. The plaintiff argued that the trust arrangement was unfair, as her brother had made no greater contribution to the estate than she had. The court was required to determine whether the trust arrangement was fair and reasonable and whether the plaintiff had made out a case for a family provision order.
The court held that the trust arrangement was fair and reasonable. The brother had made a greater contribution to the estate than the plaintiff and had provided for her by paying her expenses and providing her with a home. The court also held that the plaintiff had not made out a case for a family provision order. The trust arrangement was not unconscionable, and the brother's contributions to the estate were sufficient to justify the arrangement. The court found that the plaintiff was not left in reasonable financial circumstances and that the trust arrangement was not unfair or unjust.

The court dismissed the plaintiff's application for a family provision order. The court found that the trust arrangement was fair and reasonable and that the brother's contributions to the estate were sufficient to justify the arrangement. The court held that the plaintiff had not made out a case for a family provision order and that the application should be dismissed. The court found that the plaintiff was not left in reasonable financial circumstances and that the trust arrangement was not unfair or unjust.