Stern v Sekers; Sekers v Sekers

In the case of Stern v Sekers; Sekers v Sekers, the High Court considered a succession matter involving family provision and maintenance claims by three adult children from the first marriage of the deceased against the estate of their father. The estate was substantial, comprising properties left to five children from both the first and second marriages, as well as to the second wife. The applicants argued that the provisions made for them in the will were inadequate and sought additional support. One of the applicants had a serious psychological condition necessitating special care, which the court took into account when determining the appropriate relief.

The legal issues before the court involved assessing whether the provisions made for the three applicants were indeed inadequate and, if so, what appropriate provision should be made. The court also considered the application of discount tables to any lump sum awards and whether property held by the second wife as a result of survivorship and estate distribution could be designated as part of the notional estate after her death. The applicants' need for financial support was weighed against the testator's intentions as expressed in his will.

The court found that the provisions made for the three applicants were inadequate and ordered that the estate be varied to provide for them. The court ruled that property held by or distributed to the second wife could not be designated as part of the notional estate after her death. For the applicant with a serious psychological condition, the court ordered that a capital sum be held under a special disability trust. The testamentary trusts were also rewritten to provide for the applicants' needs, ensuring that the estate adequately supported the family members who were not sufficiently provided for under the original will.