The legal case, Ucchino & others v Evans [2024] QDC 181, involves Tracy Michelle Ucchino as the litigation guardian for her children, seeking further provision from their deceased aunt Julie Price's estate. The applicants argued they were dependents of the deceased, as supported under section 41(1) of the Succession Act 1981 (Qld), due to the deceased's alleged substantial financial support. The executor, Michael Brett Evans, contested this, noting the support provided was neither substantial nor essential compared to the primary support from the children's mother and financial contributions from the father, including school fees. Porter KC DCJ of the District Court dismissed the originating application, accepting the established legal interpretation that "substantially maintained or supported" implies significant or primary dependency, which the applicants failed to demonstrate. Consequently, the court ordered Tracy Michelle Ucchino to cover the respondent's legal costs on a standard basis.
Full text: https://www.sclqld.org.au/caselaw/149832