Mikulic v Public Trustee

Mikulic v Public Trustee is a decision by the Supreme Court of Victoria involving a family provision claim brought by two adult daughters, who were left the residue of their father’s estate equally. The daughters sought to have their shares of the estate increased, claiming that they were not adequately provided for. The case before the Court was to determine whether the daughters had established a case warranting an adjustment of their shares under the relevant statute.

The primary legal issue was whether the daughters had demonstrated a case of inequity sufficient to warrant an adjustment of their shares under the Family Provision Act. The daughters argued that their father’s will did not make proper provision for them, considering their contributions and needs. The Public Trustee, as the executor of the will, contended that the daughters had not shown that the provisions made in the will were inadequate.

The Court considered the daughters' contributions to their father and the circumstances of the family. It was noted that the daughters had made significant contributions to their father’s care but that they had also received substantial gifts during his lifetime. The Court determined that while there was no significant matter of principle involved, the daughters had not shown that the provisions made in the will were inadequate. Consequently, the Court made an order for an adjustment of the shares taken by the beneficiaries, reducing the amount of pecuniary legacies to other relatives to ensure the daughters received an equitable share of the estate.