Charnock v Handley

The plaintiffs, Charnock and Handley, brought claims against the executor of the estate of Handley, seeking a family provision order under the Succession Act 2006. They argued that they were not adequately provided for by the deceased's will, which left his entire estate to a friend, and sought an order out of the estate or notional estate, as well as an order designating property as notional estate. The court was tasked with determining whether the plaintiffs' claims were valid, whether special circumstances existed to justify the claims being made out of time, and whether the property should be designated as notional estate.

The court examined the provisions of the Succession Act 2006, which allow for family provision claims to be made out of time if special circumstances exist. The plaintiffs argued that the deceased's will did not adequately provide for them and that the property in question should be designated as notional estate. The court considered the nature of the property and whether it was appropriate to designate it as notional estate. The court also examined whether the plaintiffs had established special circumstances to justify their claims being made out of time.

In its decision, the court held that the plaintiffs' claims were made out of time and that they had not established special circumstances to justify the claims being made out of time. The court found that the deceased had provided for the plaintiffs in other ways and that the property in question was not suitable to be designated as notional estate. The court dismissed the plaintiffs' claims and made no order designating property as notional estate. The estate was fully distributed to the defendant, who was the friend of the deceased.