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?