Eligible Person Estate Claim Australia: Stanojevic v Riboskic Case

What is an eligible person estate claim?

An eligible person estate claim arises when someone applies for provision from a deceased estate. The court first decides whether the applicant qualifies as an eligible person under succession law in Australia.

This issue often involves whether the parties lived in a genuine domestic relationship at the time of death.

For official guidance on estate administration, visit AFSA Australia.

Stanojevic v Riboskic overview

The case of Stanojevic v Riboskic involved a long-term relationship lasting almost 40 years. In later years, the relationship became unstable and the parties lived separately.

At the time of death, each party had restraining orders against the other. The deceased also removed the claimant from the will.

Evidence in the estate claim dispute

The court considered several factors when assessing the eligible person estate claim Australia issue:

• The claimant contributed to household expenses and renovations.
• She cared for the deceased’s mother during illness.
• The deceased experienced alcohol, gambling, and violence issues.
• The relationship showed long-term financial instability.

The claimant also lived separately and received a disability pension for many years.

Court outcome

The court found the claimant still qualified as an eligible person. It accepted that a genuine domestic relationship existed despite separation and conflict.

This shows that eligibility depends on the full relationship history, not just the final period before death.

Read more about probate law in Australia and how courts assess estate claims.