Vigolo v Bostin

The case of Vigolo v Bostin was heard in the Supreme Court of Victoria. The deceased, George Bostin, had passed away leaving behind a will that did not provide for his son, Paul Vigolo. Vigolo brought a claim under the Family Provision Act 1969, seeking equitable financial provision. Vigolo argued that he had made significant contributions to the family farming business and that he was being unfairly excluded from benefits under the will.

The court was required to determine whether the deceased had made adequate provision for Vigolo's proper maintenance, support and advancement in life. This hinged on whether Vigolo's contributions to the family business could be considered as sufficient grounds for the court to order a redistribution of the deceased's estate. The court had to weigh the evidence of the contributions against the clear and unambiguous terms of the will.

The court found that while Vigolo had made substantial contributions to the farming business, these were not sufficient to warrant a deviation from the clear intentions expressed in the will. The court held that the deceased had indeed made adequate provision for Vigolo, taking into account his contributions to the family business. As a result, the court dismissed Vigolo's claim for equitable financial provision.

No further orders were made by the court beyond the dismissal of the claim. The court emphasised that the decision was based on the specific facts of the case and the clear terms of the will. The court concluded that the deceased's intentions, as expressed in the will, were to be respected unless there were compelling reasons to deviate from them.