Riboskic v Stanojevic

In the case of Riboskic v Stanojevic, the plaintiff, Riboskic, sought to establish that she was the domestic partner of the deceased, who had left his entire estate to the defendant, Stanojevic, the executor and trustee. Riboskic argued that the deceased failed to make adequate provision for her, asserting that their relationship was of a domestic nature, which entitled her to a greater share of the estate. The defendant denied any such relationship existed, and the case hinged on whether there was sufficient evidence to substantiate Riboskic's claim.

The court had to determine several key legal issues. Firstly, it needed to establish whether Riboskic and the deceased were in a domestic partnership, as this would be the foundation for any claim against the estate. Secondly, the court had to consider whether the deceased owed Riboskic a moral duty and if there was a breach of that duty. Finally, if it was found that a domestic partnership existed, the court had to quantify what constituted an adequate provision for Riboskic and address Stanojevic's counterclaim.

The court found that despite Riboskic's contentious conduct during the proceedings, other evidence corroborated her claim of a domestic partnership. The court was satisfied that such a relationship did indeed exist, establishing a moral duty on the part of the deceased towards Riboskic. The court then determined that the deceased had breached this duty by not making adequate provision for her. The court quantified the provision as being one-half of the estate, acknowledging the domestic partnership and the nature of the relationship. Ultimately, the court ordered that Riboskic was to receive one-half of the deceased's estate, and dismissed Stanojevic's counterclaim.