CASE: Estate MPS, deceased [2017] NSWSC 482; Smoje vForrester [2017] NSWCA 308

Miryana Smoje spent the last two years of her life dying slowly and in constant pain, from breast cancer and inadequate medical care, in a small hotel room in Frenchs Forest.

She died without a will and her closest relatives was her brother Neven. But before her estate worth about $2.25m could pass to Neven, there was a claim on the estate.

David Forrester applied for provision from the estate on the basis that not only had he been Miryana's carer for the last two years of her life, but also because he had been living with her in a close personal relationship at the time of her death.

Was he successful?

CASE: Flourentzou v Spink [2019] NSWCA 315

In 2012, Dianne and Mario Flourentzou purchased a property in Casula to live in with their three children.

Dianne's mother, Ricky Spink, contributed $165,000 towards the purchase and renovation of the Casula property on the understanding that she could live with them at the property for the rest of her life.

Within 3 years, relationships had soured and Ricky was kicked out of the family home.

Was there any way she could get her money back?

CASE: Croft v Sanders [2019] NSWCA 303

When Warwick Croft made his last Will in 2013, he was 82 years old and suffering from delusions. He believed that four of his daughters were scheming against him, that they worked in a brothel and were sending prostitutes to knock on his door late at night. He talking about seeing things in his backyard - a black panther, huge owls, and one of his daughters running down a fence.

Croft's Will left most of his $3 million estate to one of his six daughters, Anna. Two of the daughters, Leah and Esther, challenged the Will on the basis that their father lacked capacity when it was made.

The Court was required to determine to what extent Croft's Will was influenced by his delusions and what was a reasonable response to his daughters taking their mother's side in his divorce.