Raffoul v Raffoul

The case of Raffoul v Raffoul involves a widow and her daughter who applied for provision from the estate of the deceased husband and father. The daughter, who had not been provided for in the deceased's will, sought to claim under the Family Provision Act. The matter was heard and determined in the Supreme Court of New South Wales. The central issue before the court was whether the provisions made in the will were just and equitable, considering the needs and contributions of the applicant. Additionally, the court had to consider the extent to which the deceased's actions, including the creation of a discretionary trust, impacted the fairness of the provisions.

The court considered the statutory criteria outlined in the Family Provision Act, assessing the deceased's estate and the needs and contributions of the applicants. In evaluating the deceased's intentions and the fairness of the provisions, the court examined the creation of the discretionary trust and the impact it had on the overall distribution of the estate. The court found that the deceased's decision to exclude the daughter from the will, coupled with the establishment of the discretionary trust, did not reflect a just and equitable distribution of the estate. Consequently, the court determined that the provisions made were not adequate, and orders for additional provision were warranted.

The Supreme Court ordered that the estate be divided in a manner that provided for the widow and the daughter, reflecting their respective needs and contributions. The court highlighted that the deceased's actions, including the discretionary trust, did not adequately address the statutory considerations, leading to the conclusion that the initial provisions were insufficient. The orders required the estate to be restructured to ensure fair and equitable provision for the applicants, consistent with the principles of the Family Provision Act.