Roche v Steven Constantine Varnavides in his capacity as Executor of the Estate of the late Lillian Rose Varnavides

This case concerns an application by Marilyn Vera Roche under section 6 of the Inheritance (Family and Dependants Provision) Act 1972 (WA) seeking further provision from the estate of her late mother, Lillian Rose Varnavides. The application was opposed by Steven Constantine Varnavides, the executor of the estate and the son of the deceased. The central legal issue was whether the deceased's will made adequate provision for the applicant, considering her financial situation at the time of the deceased's death and the contributions made by the applicant to the family business. The Court had to determine whether the will left the plaintiff without adequate provision for her proper maintenance, education, and advancement in life, and if so, what provision should be made from the deceased's estate. The Court found that the will did not make adequate provision for the plaintiff, considering her financial situation and the contributions made by the deceased's other son, the second defendant, to the family business. The Court awarded the plaintiff $225,000 from the deceased's estate.