Sellak v Sellak, estate of late Corrado Simon Sellak; Sellak v Sellak

In this case, two of the deceased's three adult children sought orders for family provision from the estate of Corrado Simon Sellak. The claimants, identified as eligible persons under the Family Provision Act, argued that they had not been adequately provided for in the deceased's will. They sought clarification on whether the provisions made for them were sufficient and, if not, what should be done to rectify this.

The legal issues before the court were whether the provisions made for the plaintiffs in the will were adequate, and if not, what orders should be made to ensure that they receive equitable provision. The court needed to consider the nature and extent of the provision made for each plaintiff, the deceased's financial situation, and the needs and contributions of each of the plaintiffs.

The court examined the deceased's will, which provided specific bequests to each of the three children. It considered the deceased's financial status, the nature of the assets left to each child, and the contributions each child made to the deceased during his lifetime. The court found that while the provisions made for two of the children were adequate, the third child, who had received a smaller bequest, had not been adequately provided for. Consequently, the court made orders to provide the third child with an additional sum from the estate to ensure equitable family provision.