B v B

The proceedings arose from a dispute between siblings concerning the management of their mother's estate. The mother had been adjudged incapable of managing her affairs and the siblings had entered into an agreement whereby one sibling, B, would manage the estate in exchange for the other sibling, A, providing certain financial undertakings. The siblings later fell out and A sought to be released from the undertakings. B argued that A was still bound by the undertakings on the basis that they had a protective purpose in relation to the incapable mother. The court was required to determine the effect of the undertakings in light of the change of circumstances and the protective purpose of the undertakings.

The court held that the protective purpose of the undertakings had been spent and there was no longer a need for the undertakings to operate as a protection for the incapable mother. The court held that the change of circumstances, being the breakdown of the relationship between the siblings, meant that there was no longer a protective purpose for the undertakings. The court held that the undertakings were made for the benefit of the incapable mother and that once that purpose was spent, there was no longer a need for the undertakings to operate. The court held that the undertakings were no longer binding on A.

The court ordered that A was released from the undertakings. The court held that there was no basis on which to enforce the undertakings and that A was released from any obligation to provide the financial undertakings. The court held that the change of circumstances had rendered the undertakings unenforceable and that the protective purpose of the undertakings had been spent.