Leverton v Predny

The matter of Leverton v Predny involved a dispute between two adult children, the plaintiffs, and the estate of their deceased father, the defendant. The plaintiffs contended that their father had not made adequate and proper provision for them in his will. They sought an order for the court to make provision for them. The case was heard in the Supreme Court of Queensland, which had jurisdiction to hear family provision claims under the Family Provision Act 1969 (Qld).

The court was tasked with determining whether the father had failed to make adequate and proper provision for the plaintiffs and, if so, what provision should be made for them. The court considered the provisions of the Family Provision Act, which allows the court to make orders for the benefit of a person who has been inadequately provided for in a deceased person’s will. The court also considered the relevant common law principles that apply in determining whether provision has been made for a beneficiary. The court had to assess the nature and quantum of the provision to be made for the plaintiffs, taking into account the relevant statutory and common law principles.

The court found that the father had not made adequate and proper provision for the plaintiffs. It determined that the plaintiffs were in need of financial support and that the father had failed to make proper provision for them. The court considered the financial circumstances of the plaintiffs and the estate, as well as the relationship between the father and the plaintiffs. It made an order that the plaintiffs were to receive a sum of money from the estate. The court also made orders for the costs of the proceedings.