Adams & Partners Lawyers were successful in securing a lump sum payment received out of the estate for the sister of a deceased, who was not included in the deceased’s will, under the Succession Act 2006 (NSW).
The matter of Nowak v Beska was heard before The Honourable Justice Hallen in the Supreme Court of New South Wales on 20 February 2013.
The defendants defended the claim on the basis that the sister did not have a close and continuing relationship with the deceased, and therefore the sister was not an eligible claimant. His Honour rejected such notion.
His Honour was also satisfied that the sister had sufficient claim to the deceased’s estate based on her financial circumstances, and therefore orders were made to provide proper maintenance and advancement in life to the sister by way of a lump sum payment of the deceased’s estate.
Heath Adams of Adams & Partners Lawyers successfully obtained the above orders. Should you have any questions regarding Family Provision Orders, please do not hesitate to contact Heath on (02) 4721 6200.