Marando v Rizzo

The case of Marando v Rizzo was heard in the Supreme Court of New South Wales. The plaintiff, Marando, sought a family provision order from the estate of her deceased father, Rizzo, who was survived by his de jure wife, the defendant. The central dispute was whether Marando was eligible for a family provision order and if the circumstances warranted such an order. The deceased had executed a will before his death, which granted probate to the defendant. The court was tasked with determining the eligibility of Marando for a family provision order and the factors that should be considered in making such a decision.

The court examined several key issues, including the testamentary intentions of the deceased, whether Marando had been maintained by him before his death, and the conduct of Marando and others relevant to the application. The deceased had expressed a desire to ensure his children received his estate, yet there was no evidence that Marando was maintained by him, except for the provision of accommodation without rent. The court also considered Marando's conduct, including her actions regarding the deceased's mother and employer, and whether any other persons had a liability to support her. Ultimately, the court needed to decide whether a family provision order should be granted and, if so, the nature of such an order.

In its reasoning, the court found that Marando was not being maintained by the deceased before his death, apart from accommodation, and that there were no other persons liable to support her beyond the Commonwealth government. The court assessed Marando's conduct and determined that while it was not exemplary, it did not disentitle her to a family provision order. The deceased's children's conduct was not deemed relevant, and the defendant's conduct was also not considered a factor, except for the fact that Marando stayed with the defendant the night before the deceased's death. The court concluded that a family provision order should be made and ordered that Marando be paid a lump sum of $200,000.