Mikhaiel v Breene

In the case of Mikhaiel v Breene, the applicants sought approval for the release of certain assets to them under section 95 of the Succession Act 2006 (NSW). The dispute arose following the death of the deceased, where the applicants claimed that they were not adequately provided for in the will. The matter was heard in the Supreme Court of New South Wales.

The primary legal issue the court had to determine was whether the applicants were entitled to a greater provision from the estate than what was bequeathed to them in the will. This involved assessing whether the deceased had failed to make reasonable financial provision for the applicants, as required by section 46 of the Succession Act 2006 (NSW). The court had to consider the deceased's financial circumstances, the nature and extent of the provision made, and the applicants' respective entitlements.

The court found that the deceased had made reasonable financial provision for the applicants, taking into account their respective needs and contributions. The applicants' claims were not substantiated, and their requests for further assets were denied. The court emphasised the importance of the deceased's discretion in making provisions and highlighted the need for the applicants to demonstrate a failure in the will's provisions to secure a greater share of the estate. Consequently, the applicants' application for approval for release was dismissed.