Davidson v Sampson

The case involved Davidson, the son of a deceased, who sought a family provision order out of the estate or notional estate of the deceased under the Succession Act 2006. Davidson had received no provision from the estate in the will, which was left entirely to the defendant, the husband of the deceased. Davidson argued that provision should be made for him and sought to determine the nature of the provision to be made.

The central legal issues revolved around the interpretation and application of the Succession Act 2006. Specifically, the court needed to determine whether the notional estate included assets that were not formally part of the deceased's estate at the time of her death but which could be considered part of the estate for the purposes of a family provision claim. The court also had to consider the relevant factors under section 47 of the Succession Act 2006 to assess whether Davidson's claim was reasonable and just.

The court held that the notional estate could include assets that were not formally part of the deceased's estate at the time of her death, provided they could be reasonably considered part of the estate for the purposes of a family provision claim. The court found that the notional estate in this case included certain assets that were not formally part of the deceased's estate. After considering the relevant factors under section 47 of the Succession Act 2006, the court determined that it was reasonable and just to make a provision for Davidson. The court ordered that a specific sum be paid to Davidson out of the estate or notional estate.