Lambeff v. Farmers Co-Operative Executors & Trustees Ltd.

56 S.A.S.R. 323, 1991 WL 1121294

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Nature of the Case

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Facts

Lambeff (P) is the only daughter of the deceased. P made a claim against the estate pursuant to the Inheritance Act of 1972. The will directed that after payment of all debts and expenses, the rest of the estate must be held in trust for the deceased’s two sons. The net estate was worth $209,522.76. Barbara was the mother of the two sons and her, and the deceased lived together from 1956 to 1980 with the sons being born in the interim years. Prior to 1956, the deceased married P’s mother in Czechoslovakia in 1945 and P was born in 1946. They moved to Australia and eventually separated by 1956. P’s mother remarried in 1966. P works and has a job that pays $33,000 per year. She has $54,000 in equity in her home and has no children. The two sons are 33 and 30. The older relies on the caravan park for a living and had worked for 15 years being underpaid by the deceased. He has a wife and two children. His assets are $27,500. The younger has a defacto wife and two children. He also worked for his father at the caravan park. His assets are $30,350. He has also held various laboring jobs as he is not skilled and has no qualifications. P claims she was left without adequate provision for her proper advancement in life.