Rada v Smith

Rada v Smith was a case involving a claim for family provision under the Succession Act 2006 (NSW). The plaintiff, Rada, sought to challenge the validity of the will of her deceased mother, Smith, on the basis that it did not make adequate provision for her. Rada had lived overseas with her mother since the age of nearly four and had minimal contact with her father and siblings. The dispute centred on whether the estrangement between Rada and her family justified a departure from the statutory presumption that the will maker's intention was accurately reflected in the will. The case was heard in the Supreme Court of New South Wales.

The central legal issue before the court was whether the concept of "estrangement" could be used as a basis for setting aside a will on family provision grounds. The court considered whether the estrangement between Rada and her family warranted a departure from the statutory presumption that the deceased had made provision for her children according to their needs and the extent of their relationship with the deceased. The court also examined whether the estrangement had a significant impact on Rada's ability to claim under the Act.

The court held that the term "estrangement" was not a useful concept in this context, as it did not adequately capture the complex dynamics of family relationships. Instead, the court focused on the actual relationship between Rada and her family at the time of her mother's death. The court found that there was no evidence of a close or meaningful relationship between Rada and her family, and that her estrangement was a result of her mother's decisions rather than any action on her part. The court concluded that the will did not make adequate provision for Rada and ordered that she receive a portion of her mother's estate. The court also noted that the term "estrangement" was not a useful concept in this context and that the focus should be on the actual relationship between the parties at the time of the deceased's death.