Supreme Court
New South Wales
Medium Neutral Citation: Lalic v Lalic [2022] NSWSC 31 Hearing dates: 24 and 25 June 2021 Date of orders: 27 January 2022 Decision date: 27 January 2022 Jurisdiction: Equity - Family Provision List Before: Henry J Decision: The plaintiff is entitled to provision of a lump sum of $125,000 in lieu of the provision made for the plaintiff under the deceased’s will dated 1 May 2008.
Catchwords: SUCCESSION – Family Provision – Claim by adult child – where deceased’s estate principally comprised of real property devised to other adult children and plaintiff left with a share of residue – where plaintiff received gift of land from parents during their lifetime, undertook many years of unpaid work for family business and had close relationship with deceased – where plaintiff is a disability pensioner and unable to work – where other adult children have competing claims based on financial position and contributions to deceased’s welfare – further provision ordered
Legislation Cited: Succession Act 2006 (NSW), ss 57, 58, 59, 60, 61, 72
Cases Cited: Bates v Cooke [2015] NSWCA 278
Blendell v Blendell [2020] NSWCA 154
Blendell v Byrne; Estate of Blendell [2019] NSWSC 583
Chapple v Wilcox (2014) 87 NSWLR 646; [2014] NSWCA 392
Grant v Roberts; Smith v Smith; Roberts v Smith; Curtis v Smith [2019] NSWSC 843
Limberger v Limberger;Oakman v Limberger [2021] NSWSC 474
Megerditchian v Khatchadourian [2020] NSWCA 229
Megerditchian v Khatchadourian [2019] NSWSC 1870
Meres v Meres [2017] NSWSC 285
Sgro v Thompson [2017] NSWCA 326
Slack v Rogan; Palffy v Rogan (2013) 85 NSWLR 253; [2013] NSWSC 522
Squire v Squire [2019] NSWCA 90
Steinmetz v Shannon (2019) 99 NSWLR 687; [2019] NSWCA 114
Taylor v Farrugia [2009] NSWSC 801
Tobin v Ezekiel (2012) 83 NSWLR 757; [2012] NSWCA 285
Texts Cited: Nil
Category: Principal judgment Parties: Anthony Lalic (Plaintiff)
Anne Lalic (Defendant)Representation: Counsel:
Solicitors:
K Morrissey (Plaintiff)
R W Tregenza (Defendant)
GHS Legal (Plaintiff)
Watson Stafford Zipkis (Defendant)
File Number(s): 2020/188645 Publication restriction: Nil
Judgment
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This is an application by the plaintiff, Anthony (Tony) Lalic, for further provision out of the estate of his late mother, Zorka Lalic (deceased).
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The deceased died on 15 October 2019 at the age of 86. Her husband, Edward (Edo) Lalic, predeceased her. She is survived by her four adult children: the plaintiff, who is now aged 66; Robert (Bud) Lalic who is aged around 68; the defendant, Anne Lalic, who is now aged 49; and another son, Johnny Lalic, who is now aged 48. Without any disrespect intended, I refer to members of the Lalic family by their first name in these reasons.
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The deceased’s last will was made on 1 May 2008 (Will). Probate of the Will was granted to Anne on 22…
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- Lalic v Lalic [2022] NSWSC 31
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- [2022] NSWSC 31
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CaseChat Overview and Summary
The court had to determine whether the plaintiff's contributions and relationship with the deceased warranted further provision from the estate. The court considered the plaintiff's lifetime gift of land, her unpaid work, and her close relationship with the deceased as significant factors. It also weighed these against the financial positions and contributions of the other adult children. The court found that the plaintiff's unpaid work and the close relationship with the deceased were substantial factors in her favour. However, the court also noted the contributions of the other children and their financial positions. Ultimately, the court concluded that the plaintiff's circumstances justified additional provision from the estate, recognising her significant contributions and close relationship with the deceased.
The court ordered that further provision be made from the deceased's estate to the plaintiff. The court determined that the plaintiff's unpaid work and close relationship with the deceased warranted additional provision, despite the competing claims of the other children. The court balanced the various factors and concluded that the plaintiff's circumstances justified the order. The specific amount of the provision was left to be determined by the executors of the estate in consultation with the parties. This decision underscores the importance of considering the unique circumstances of each case when determining family provision claims, particularly where there are competing claims from multiple children.
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