Ticic v D'Alessandro

The matter of Ticic v D'Alessandro was heard in the Supreme Court of New South Wales, where the central dispute was between the deceased's de facto partner, Ticic, and her step-daughter, D'Alessandro, regarding the deceased's estate. Ticic, the de facto partner of the deceased for a brief period, sought a provision out of the estate, while D'Alessandro, the deceased's granddaughter, contested this application. The case hinged on the interpretation of the Family Provision Act, particularly the relevance of the short duration of the de facto relationship and the deceased's intentions as evidenced by a specific legacy to D'Alessandro.

The court was tasked with determining whether the de facto partner was entitled to a provision from the estate under section 27 of the Family Provision Act. The legal issue revolved around the weight to be given to the short duration of the de facto relationship and the impact of the deceased's bequest to D'Alessandro on the court's decision. The court had to balance these considerations against the deceased's overall intentions and the equitable distribution of the estate.

In delivering the judgment, the court recognised the significance of the short de facto relationship but acknowledged the specific bequest to D'Alessandro. The court concluded that while the de facto partner was entitled to some provision, the short duration of the relationship warranted a modest amount. Consequently, the court ordered a provision for the de facto partner from the estate, while affirming the legacy to D'Alessandro, recognising the deceased's intention to provide for her. The court also noted that the special circumstances under section 28(1)(l) of the Family Provision Act did not alter the outcome significantly in this case.

The final orders of the court provided for a modest provision to the de facto partner from the deceased's estate, while confirming the legacy to the granddaughter. The court's decision reflected a balanced approach, considering both the statutory provisions and the deceased's expressed wishes.