Chappell v Hewson

In this case, the Court of Appeal was asked to decide whether the discretion of the learned Master, who was sitting as a Master of the Supreme Court, miscarried in the provision of $1 million that his Honour made for Alexander from the estate of his grandfather, Ronald Chappell, for Alexander's proper maintenance, support, education or advancement in life. Alexander, who was 9 years old when his grandfather died, claimed that the Will and Codicil of his deceased grandfather did not make adequate provision for Alexander's proper maintenance, support, education or advancement in life. The appeal must be allowed because in each of the first three categories the Master's conclusions cannot be supported by the evidence before him. In the conclusion to these reasons, the Court explains the difficult situation created by the lack of evidence presented by the parties. The Court also considers the issue in the cross-appeal, which concerns the date from which interest should run on the provision made for Alexander. The appropriate time from which interest should run is from the date of the Master's order (as varied by these reasons). In the circumstances of this case, this conclusion is not affected by the principles of construction of testamentary instruments or the 'executor's year' principle which sometimes applies to the exercise of discretion in relation to an award of interest.