Supreme Court
New South Wales
Medium Neutral Citation: Stejskal v Hely & Ors [2019] NSWSC 1417 Hearing dates: 16 October 2019 Date of orders: 17 October 2019 Decision date: 17 October 2019 Jurisdiction: Equity - Family Provision List Before: Kunc J Decision: Additional provision ordered
Catchwords: SUCCESSION — family provision and maintenance — failure by testator to make sufficient provision for applicant — father leaves only adult son small pecuniary legacy with most of estate left to charities — Succession Act 2006 (NSW), ss 59, 60 Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29
Browne v Dunn (1893) 6 R 67 (HL)
Evans v Levy [2011] NSWCA 125
Pontifical Society for the Propagation of the Faith v Scales [1962] HCA 19; (1962) 107 CLR 9
Sgro v Thompson [2017] NSWCA 326
Steinmetz v Shannon [2019] NSWCA 114; (2019) 368 ALR 161
Taylor v Farrugia [2009] NSWSC 801Category: Principal judgment Parties: Tomas Stejskal (Plaintiff)
Joanne Robyn Hely (First Defendant)
Jeffrey Sean Agius (Second Defendant)
Justin Betar (Third Defendant)Representation: Counsel:
J E F Brown (Plaintiff)
N Bilinsky (Defendants)Solicitors:
Marsdens Lawyers (Plaintiff)
Betar Lawyers (Defendants)
File Number(s): 2018/310576 Publication restriction: No
EX TEMPORE Judgment (REVISED)
Summary
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The plaintiff, Tomas Stejskal, to whom I shall refer without disrespect as "Tomas", is a 61 year old mechanical fitter. By reason of his current medical circumstances, he is unlikely ever to work again. The defendants are the executors of the estate of Tomas' late father, Jan Stejskal, to whom I shall refer as "Dr Stejskal". Dr Stejskal died by his own hand on or about 20 September 2018 at the age of 86. Tomas is the only child of Dr Stejskal's first marriage.
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Dr Stejskal made his last will and testament on 12 December 2017 (the “Will"). He died leaving a property at Wallacia, cash at bank and some shares. The value of his assets at death was approximately $2.5 million.
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Under the Will Dr Stejskal left $50,000 to Tomas. The Will also provided for two $20,000 legacies and gifts of chattels to other persons. The residue of the estate was left to be divided equally between St Vincent’s Clinic Foundation and the Royal Flying Doctor Service of Australia (the “Charities").
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The estate has been converted into cash and substantially administered, including paying Tomas the specific legacy of $50,000. The parties were in agreement that, after taking into account all costs and expenses, including the parties' costs of these proceedings, the total net estate remaining was $1,759,335.48.
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The hearing was conducted with commendable economy. There was no dispute that, for the purposes of making a claim for a family provision order under the Succession Act 2006 (NSW) (the “Act"), Tomas was the only eligible person who had brought a claim, and that his claim had been brought in time.
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The only other eligible person in relation to Dr Stejskal's estate (his second wife, Bohuse Stejskal-Jarosova, having predeceased him) is Tomas' mother. She…
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- AGLC
- Stejskal v Hely [2019] NSWSC 1417
- Case
- [2019] NSWSC 1417
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the bequest made to the son was sufficient to meet his reasonable financial needs, taking into account the testator's overall estate. The court needed to consider the provisions of the Succession Act 2006 (NSW) and assess the relevant factors outlined in sections 59 and 60. The court also had to evaluate the testator's intentions and the financial circumstances of both the testator and the son at the time of the will's creation.
The court found that the pecuniary legacy left to the son was insufficient to meet his reasonable financial needs, given the size of the testator's estate and the bequests to charitable organisations. The court highlighted that the testator's failure to make adequate provision for his son constituted a significant departure from what would be considered fair and reasonable. Consequently, the court exercised its discretion under section 60 of the Succession Act 2006 (NSW) to make an order for family provision in favour of the son. The final orders required the executors to pay a specified sum to the son to address his maintenance needs.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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