Linney v Solomou (No 2)

Linney v Solomou (No 2) involved a dispute regarding the distribution of an estate under family provision legislation. The deceased, Mr. Solomou, left his entire estate to his wife, excluding his children. The children sought additional provision under the Family Provision Act. The Supreme Court of Victoria was tasked with determining whether the children were entitled to a larger share of the estate.

The legal issues before the court included whether the deceased had made adequate provision for his children and whether the wife had acted unreasonably in excluding the children from the estate. The court had to consider the evidence presented regarding the deceased's intentions, the nature of the relationship between the deceased and his children, and the financial circumstances of both the deceased and his children.

The court found that the deceased had not made adequate provision for his children and that the wife had acted unreasonably in excluding them from the estate. The judge considered the deceased's failure to provide for his children in his will, despite having the means to do so, and the strained relationship between the deceased and his children. However, the court also recognised the wife's right to dispose of her property as she sees fit and the deceased's right to choose who benefits from his estate. The court ordered that the wife's property, including the estate, be divided between her and the children in specified proportions.