Dolman v Palmer

Dolman v Palmer involves an application under section 9(1) of the Family Provision Act 1982 by a deceased man's ex-wife and daughter, seeking financial provision from his estate. The deceased had not fully disclosed his assets during their property settlement. The daughter, who had severed all ties with her father for the last twelve years of his life, and her mother were seeking financial support from his estate. The central legal issues in this case pertained to whether there were sufficient grounds to justify the court making a provision from the deceased's estate to the applicant under section 9(1) of the Family Provision Act 1982. This included the question of whether the daughter's severance of all contact with her father for the final twelve years of his life constituted a factor warranting a financial provision from the estate.

The court examined the relationship between the deceased and his daughter and determined that her deliberate severance of ties for such an extended period constituted a significant factor in the application. The court held that the daughter's claim was dismissed due to her lack of communication and connection with the deceased. The court found that the daughter's decision to sever all ties with her father for such a long period was a valid factor in determining whether to make a provision under section 9(1) of the Family Provision Act 1982. Consequently, the court decided not to make any provision from the estate to the daughter. However, the court did consider making a provision to the ex-wife, taking into account the failure of full disclosure of assets during the property settlement.

The final orders of the court were that no provision be made to the daughter, but that the court would consider making a provision to the ex-wife. The court did not specify the amount of the potential provision but noted that it would consider the full disclosure of assets and the overall circumstances of the case. The court's decision highlights the importance of maintaining family ties and the potential consequences of severing those ties when making financial provision applications under the Family Provision Act 1982.