Sellak v Sellak, estate of the late Corrado Simon Sellak; Sellak v Sellak (No. 2)

The case of Sellak v Sellak, estate of the late Corrado Simon Sellak; Sellak v Sellak (No. 2) was heard by the Supreme Court of New South Wales. The plaintiffs, two of the three adult children of the deceased, Corrado Simon Sellak, sought orders for family provision under the Family Provision Act 1969 (NSW). The deceased had made a will that the plaintiffs argued did not make adequate provision for them. The court was required to determine whether the plaintiffs were eligible for family provision and, if so, what provision should be made.

The primary legal issue was whether the deceased had made adequate provision for the plaintiffs. The court examined the provisions of the Family Provision Act 1969 (NSW) and considered the circumstances of the deceased at the time of making the will. The plaintiffs argued that the deceased had failed to adequately provide for them, particularly in light of the financial resources available and their contributions to the family business. The court had to weigh the statutory criteria for making family provision against the intentions expressed in the deceased's will.

The court concluded that the plaintiffs were eligible persons under the Family Provision Act 1969 (NSW). It found that the will did not make adequate provision for the plaintiffs, considering the deceased's substantial wealth and the plaintiffs' contributions to the family business. The court ordered that each plaintiff receive a sum of $2 million from the deceased's estate. This decision was based on the need to achieve a just and equitable result for the plaintiffs, in accordance with the principles of the Family Provision Act.

The final orders of the court provided that each plaintiff was to receive $2 million from the estate of the deceased. This decision recognised the plaintiffs' eligibility under the Family Provision Act and addressed the inadequacy of the provisions made for them in the deceased's will. The court's orders aimed to provide a fair outcome for the plaintiffs, reflecting their contributions and the deceased's financial position.