Rakovich v Marszalek

The case of Rakovich v Marszalek was heard in the Supreme Court of New South Wales. The plaintiff, Mr Rakovich, sought a family provision order against the estate of the deceased, Mr Marszalek. Mr Rakovich had been in a close personal relationship with the deceased for over 30 years. The deceased died intestate, leaving his estate to his two nieces and two nephews. Mr Rakovich claimed that he had been left without adequate provision for his proper maintenance and advancement in life under the rules of intestacy.

The court was required to determine whether Mr Rakovich had been left without adequate provision for his proper maintenance and advancement in life under the rules of intestacy. The court was also required to determine whether an order for provision should be made for the plaintiff's proper maintenance and advancement in life, and if so, in what amount and how calculated. The court had to consider whether Mr Rakovich was a person who was, at any particular time, partly dependent on the deceased and who was, at that particular time, or at any other time, a member of the household of which the deceased person was a member. The court also had to consider whether Mr Rakovich was a person with whom the deceased was living in a close personal relationship at the time of the deceased person’s death.

The court found that Mr Rakovich had been left without adequate provision for his proper maintenance and advancement in life under the rules of intestacy. The court found that there were factors warranting the making of the plaintiff’s application. The court found that Mr Rakovich had been in a close personal relationship with the deceased for over 30 years and that he had been partly dependent on the deceased. The court found that the deceased had provided for Mr Rakovich during his lifetime, but that this was not sufficient to meet his needs after the deceased's death. The court found that the nieces and nephews had limited contact with the deceased and that their entitlement to the estate was not significant. The court found that Mr Rakovich was entitled to an order for provision for his proper maintenance and advancement in life.

The court ordered that the defendant pay $300,000 to the plaintiff as a family provision order. The court also ordered that the defendant pay the plaintiff's costs on the ordinary basis, subject to exceptions to the general rule that costs follow the event. The court found that the rejection of the Calderbank offers was not unreasonable.