Veniou v Equity Trustees Limited

In Veniou v Equity Trustees Limited, the plaintiff, Veniou, sought to challenge the distribution of her deceased grandfather's estate under the Family Provision Act 1958 (Vic). Veniou's mother, who was the child of the deceased, predeceased him, and at that time, the deceased made a representation to Veniou that she would take care of her in her will. However, no such provision was made in the will, and Veniou believed that she would receive her late mother's share of the estate. The defendant, Equity Trustees Limited, sought summary dismissal on the basis that Veniou had no real prospect of success in showing that she was 'wholly or partly dependent' on the deceased. The court had to determine the meaning of 'dependent' in this context and whether Veniou's claim had any merit.

The court found that dependence required the actual receipt of material aid. It held that the mere expectation of a benefit in the deceased's will was insufficient to establish dependency. The court emphasised that the provision of family provision is not to be used as a means to redistribute wealth but to provide for those who were genuinely dependent on the deceased. The court noted that Veniou had not provided any evidence to demonstrate that she received any material aid from the deceased. Therefore, the court found that Veniou had no real prospect of success in her claim and granted the defendant's application for summary judgment.

The court dismissed Veniou's proceeding and ordered her to pay the defendant's costs. The court relied on sections 90, 91(2)(b), 91(4), and 91(5) of the Administration and Probate Act 1958 (Vic) in reaching its decision. This case highlights the importance of demonstrating actual dependency on the deceased to succeed in a family provision claim. The court's decision underscores the need for applicants to provide concrete evidence of dependency rather than relying on mere representations or expectations.