Mikan v Velcic

Mikan, the daughter of the deceased, sought a Family Provision order from her father’s estate. Her father, who died intestate, was survived by Mikan and her brother. The dispute arose over the equitable distribution of the estate between the two siblings. The matter was heard in the Supreme Court of Victoria. The court was required to determine whether the deceased had provided adequately for Mikan's maintenance, education, and advancement in life. This involved an assessment of the father’s intentions, his contributions to his children’s lives, and the financial circumstances of both children at the time of the deceased’s death.

The court examined evidence regarding the deceased’s financial status and his relationship with each of his children. It considered the nature of his contributions to Mikan's upbringing and education, as well as her current financial situation. The court also evaluated whether the deceased had made provisions for Mikan's future needs, such as her ongoing education or potential health issues. Given the deceased's failure to provide any financial support to Mikan after she left home and the disparity in financial support between Mikan and her brother, the court found that the deceased had not made adequate provision for Mikan’s needs.

In light of the findings, the court determined that Mikan was entitled to a Family Provision order. It concluded that the equitable distribution of the estate should reflect the deceased's failure to provide for Mikan's needs. The court ordered that Mikan should receive a specified amount from the estate to address her maintenance, education, and advancement in life. This decision ensured that Mikan received a fair share of the estate, recognising the deceased's shortcomings in providing for her during his lifetime.