Event and Time
Event Description
- Lazar Baljak, an Australian citizen originally from Croatia, passed away on February 7, 2014. He left behind a significant estate valued at over $4.8 million, consisting of properties in Victoria, Australia, and cash in various bank accounts.
- Lazar's will, dated May 29, 2013, clearly outlined the distribution of his estate, favoring his partner Amila Cimerman and several of his nieces and nephews, but made no provision for his nephew Mirko Baljak.
- Following Lazar’s death, Mirko and another niece, Aleksandra, contested the validity of the will in Croatia, alleging influences on Lazar during the making of the will.
Application and Claims
- The Executors of Lazar's estate applied to the Supreme Court of Victoria for advice regarding a proposed settlement of related proceedings under Part IV of the Administration and Probate Act 1958.
- The Executors sought confirmation on whether it was appropriate to compromise the proceedings in light of ongoing validity challenges in Croatia.
Judicial Decisions
- Both sets of Part IV proceedings were discussed, particularly the first, initiated by Mirko, which was dismissed due to his non-appearance. The Executors proposed a compromise settlement concerning beneficiaries which did not affect Mirko's previous actions in Croatia.
Dispute Points and Legal Basis
Dispute Points
- Claimants:
- Mirko Baljak: Contested the will’s validity, claiming Lazar was coerced. - Aleksandra Baljak: Also challenged the will in Croatia but had withdrawn her appeal against an earlier dismissal.
- Executors:
- Neil Garfirth and Darren Goldsmith: Sought court advice for compromising proceedings and distributing the estate, arguing it was within their powers and carried no impropriety.