Blendell v Blendell

The appeal concerned an application for provision from the estate of the deceased, brought by two adult children. The deceased had left her entire estate to her husband, who was the sole beneficiary under the will. The applicants sought provision from the estate, and the primary judge had made orders in their favour. The husband appealed these orders.

The central legal issues before the Court of Appeal were whether the primary judge had sufficient evidence of each applicant's financial position to make an informed decision, and whether the failure by one applicant to produce relevant documents concerning their financial circumstances constituted a basis for rejecting their application for provision. The Court also considered whether the primary judge had adequately had regard to the deceased's decision to leave her entire estate to her husband, with whom she had shared a 50-year marital relationship.

The Court of Appeal found that despite the failure of one applicant to produce all requested documents, the primary judge had still been able to form a sufficient view of their financial position. Similarly, the evidence regarding the other applicant's assets, while perhaps not entirely free from doubt, was deemed sufficient for the primary judge's assessment. The Court held that the primary judge had properly considered all relevant factors, including the deceased's testamentary intentions and the long marital relationship, when making the provision orders.

Consequently, the appeals were dismissed with costs.