Day v Perpetual Trustee; Maguire v Perpetual Trustee; McLennan v Perpetual Trustee

The three daughters of the deceased, Day, Maguire and McLennan, applied for family provision orders against the estate of their mother, who had died intestate. Two of the daughters had not seen their mother since 1944, while the third had some contact with her. The central issue before the court was whether the daughters had a sufficient relationship with the deceased to justify a family provision order in their favour, particularly in light of the two daughters who had not seen her for many years. The court also considered whether the daughters had rejected their relationship with their mother.

The court held that the two daughters who had not seen their mother since 1944 had still maintained a relationship with her through correspondence and occasional contact. The court found that the daughters had not rejected their relationship with their mother, as they had continued to communicate with her over the years. The court concluded that the daughters were entitled to family provision orders in their favour, despite the limited contact they had with their mother. The court emphasised that the test for family provision orders was not based solely on the amount of contact between the deceased and the applicant, but rather on the overall relationship and the needs of the applicant.

The court ordered that the estate of the deceased be distributed such that each of the three daughters received a sum of money. The exact amount was not specified in the text. The court's decision recognised the importance of maintaining family relationships, even where contact may be limited, and the need to provide for the dependants of a deceased person where appropriate.