Re Filomena Rodi, deceased

In the matter of the estate of Filomena Rodi, the deceased, the applicant, an adult grandchild of the deceased, sought a family provision order under the Family Provision Act 1969 (Qld). The primary issue was whether the applicant was an eligible person under the Act and if she had been left without adequate provision. The applicant argued that she had lived with the deceased for about a decade and was left without adequate provision due to her current situation as a single parent and unemployed individual. The deceased had left a will which provided equal shares to her four children, including the applicant’s father.

The court considered the applicant’s close personal relationship with the deceased, her long-term residence with the deceased, and her current circumstances. The court recognised the applicant's contributions to the deceased’s household and the impact of her estrangement from her siblings. Despite these factors, the court concluded that the deceased had made adequate provision for the applicant by including her as a beneficiary in the will, which provided equal shares to all her children. The applicant's estrangement from her siblings and their potential contributions to her support did not change the adequacy of the provision made by the deceased.

The court held that the applicant was an eligible person under the Act due to her close personal relationship with the deceased. However, the court dismissed the application because it found that the deceased had made adequate provision for the applicant by including her in the will. The court emphasised that the applicant had not demonstrated that she was left without adequate provision for her maintenance, education, or advancement in life. Consequently, the application was dismissed.