Lo Surdo v Public Trustee

In the case of Lo Surdo v Public Trustee, the plaintiff, a non-resident son of the deceased, sought to challenge the distribution of the estate, arguing that he was entitled to an inheritance under the Family Provision and Maintenance Act. The deceased had largely distributed their estate to the plaintiff's sister, who was the sole residuary beneficiary. The plaintiff, who was registered as the heir to a property in Italy under an Italian adoption-like arrangement known as 'affiliazione', contended that he was the deceased's adopted child, entitling him to a share of the estate. The court had to determine whether the plaintiff's adoption in Italy was recognised in Australia and whether he was entitled to claim under the Family Provision and Maintenance Act. Additionally, the court had to consider whether the proceedings should be dismissed summarily and whether the plaintiff should provide security for costs.

The court held that the plaintiff's adoption in Italy did not entitle him to claim under the Family Provision and Maintenance Act, as it was not a legal adoption under Australian law. The court reasoned that the term 'affiliato' in Italy did not equate to the status of an adopted child in Australia. Consequently, the plaintiff's application to have the property designated as part of the notional estate was dismissed. Furthermore, the court decided that the plaintiff should not be enjoined from dealing with the property and that the proceedings should not be summarily dismissed. The plaintiff was, however, required to provide security for costs.

The final orders of the court were that the plaintiff's application to have the property designated as part of the notional estate was dismissed. The plaintiff was also required to provide security for costs, but the proceedings were not summarily dismissed. The sister of the plaintiff was not enjoined from dealing with the property, and the court ruled that the plaintiff's adoption in Italy did not entitle him to claim under the Family Provision and Maintenance Act. The distribution of the estate to the sister as the sole residuary beneficiary remained unchanged.