AB v FGH

AB v FGH is a case in which the fourth defendant, a daughter of the deceased, applied to the court for further provision from her mother's estate under the Family Provision Act 1972 (WA). The court had to determine whether the deceased's estate, as disposed of by her will, made adequate provision for the proper maintenance, support, education, or advancement in life of the fourth defendant. The court had to consider the estrangement between the fourth defendant and the deceased, and the financial circumstances of the fourth defendant, who was in substantial debt. The court held that the disposition of the deceased's estate did not make adequate provision for the fourth defendant's maintenance, support, education, or advancement in life, and that the estrangement between the fourth defendant and the deceased did not preclude a finding that the deceased's will failed to make adequate provision for the fourth defendant. The court also held that the grant of provision through a discretionary trust would achieve the object of the Act without disturbing any entitlement of the fourth defendant's creditors. The court ordered that a sum of $850,000 should be set aside from the estate as provision for the fourth defendant's maintenance and support to be held on the terms of a discretionary trust in which the fourth defendant is the primary beneficiary, and her issue are the class of general beneficiaries. The trustees should include a professional person such as a lawyer or an accountant, preferably one that already had a professional relationship with the fourth defendant. Otherwise, the trust should enjoy the powers and operate in the manner proposed by the fourth defendant.