Novak v Public Trustee

The case of Novak v Public Trustee involved claims by three females, two daughters and a step-daughter, seeking provisions from the estate of the deceased, Mr Novak. The dispute centred on the interpretation of the deceased's will and the respective entitlements of the claimants under the Family Provision Act 1969 (NSW). The matter was heard in the Supreme Court of New South Wales.

The court was tasked with determining whether one of the claimants, referred to as "my daughter" in the will, was indeed a biological daughter of the deceased or if she was a step-daughter. The court had to consider the birth certificate of this claimant, which listed another man as her father, and the lack of any evidence from the mother of the claimants to clarify the relationship. Furthermore, the court examined the claims of each of the claimants for financial support for tertiary education and for the acquisition of a residence, despite the absence of any evidence regarding the specifics or costs associated with these aspirations.

The court concluded that the birth certificate was determinative in establishing that the claimant in question was a step-daughter rather than a biological daughter. Given that all three claimants were treated equally during the deceased's lifetime and there was no evidence to suggest a different treatment warranted by the will, the court found no grounds to make an order under the Family Provision Act. Consequently, the claims of all three females were dismissed.

The court's final orders were that the claims brought forth by the daughters and the step-daughter were dismissed without costs. The estate was to be distributed according to the terms of the deceased's will.