Dugac Vs. Dugac[2012] - NSWSC 192

In the case of Dugac v Dugac, the plaintiff Marija Dugac is suing her brother and the defendant, Mario Dujac over their deceased mother’s estate (passed away 2010). The issue primarily arose due to an out-of-date will, written in 1991, and highlights the importance of keeping wills updated to save your family from future trouble. The woman’s (plaintiff’s) father already passed away in 1985, leaving herself (the plaintiff) and her brother as the only children. The mother’s will included property in Yugoslavia, shares in the family company, property in Sans Souci and Adamstown Heights.

More Info

The woman and her brother were given equal shares as tenants in common to the Sans Souci property. The brother’s children were bequeathed the Adamstown Heights property, while the woman’s children were given the property in Yugoslavia. The brother was also given the shares in the family company.

However, the Sans Souci and Yugoslavian property were already sold and the deceased no longer had ownership of that property. This effectively meant that the woman would receive nothing from the estate, while the brother and his children would receive the shares in the family company and Adamstown Heights. Therefore, the woman is suing her brother. However, the woman’s case was ultimately dismissed because she omitted her involvement as an executor and beneficiary in the sale of the Yugoslavian property, in her affidavit on 14 Dec 2010. Moreover, she failed to express her receipt of proceeds from that sale. Furthermore, the woman used some of the proceeds of the Sans Souci property sale to purchase her new property in Charlestown. Consequently, the woman’s case was dismissed and she was ordered to pay for her own legal fees, and for her brother’s legal costs to be paid by the deceased’s estate.


The property in Sans Souci was sold. Overall, the deceased mother’s estate included the Adamstown Property worth $530 000, Money on deposit $39 323, Shares in the family company $2500, and outstanding debts of $21 625 for funeral costs. The Adamstown property was subsequently sold, incurring a selling fee of $19 000. The deposit funds were given equally to the woman’s children.