Allsop v Henderson

In the case of Allsop v Henderson, the applicant, Steven Charles Allsop, sought additional financial provision from his father’s estate, Charles Edward Allsop, who had recently passed away. Steven, an adult son from the testator's first marriage, claimed that the provision made for him under the will was inadequate for his proper maintenance and support. The primary dispute was over whether the estate had made sufficient provision for Steven, considering his poor financial position and limited earning capacity due to injury, his troubled relationship with the testator, and the substantial provision made for the testator’s widow and son from his second marriage.

The court had to determine whether the estate had made adequate provision for Steven's proper maintenance and support, weighing various factors such as Steven’s financial needs, the size of the estate, and the testator's treatment of Steven. The court also considered the relationship between Steven and his father, which was strained, and the provisions made for the widow and the son from the second marriage, who were well provided for both under the will and through financial support during the testator’s lifetime. The court held that the initial provision made for Steven was inadequate, given his poor financial circumstances and the substantial value of the estate.

In exercising its discretion under the Family Provision Act, the court concluded that an additional $500,000 would be appropriate to provide adequate provision for Steven. This amount, when combined with the existing bequests, would generate sufficient annual income to meet Steven's maintenance needs. The court emphasised that while the provision would not equal that of the other beneficiaries, its role was not to rewrite the will but to ensure fair and equitable provision for Steven. The court ordered that the will be amended to provide Steven with a total of $1,000,000, to be paid within 12 months of the testator’s death.