In Alabakis v Alabakis & Anor [2012] VSC 437 the deceased died leaving his second wife, three children from his first marriage, one child of his second marriage (the Plaintiff) and two stepchildren. The estate was valued at approximately $3.5 million.

The deceased’s last Will only provided for his second wife and the three children of his first marriage, stating that he had already made adequate provision for the Plaintiff during his lifetime. When the Plaintiff was 11, the deceased had settled 30 acres of unimproved land upon trust for the Plaintiff, which was to be the Plaintiff’s absolutely at 18 years of age.

The Court found that the strained relationship between the Plaintiff and the deceased did not constitute disentitling conduct. Further, the fact that the bulk of the estate consisted of land on which two of the deceased’s sons ran the family business was also not sufficient to displace the moral obligation to provide for the Plaintiff. The Court awarded provision to the Plaintiff in the sum of $475,000.

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