Fielder v Booker

The case of Fielder v Booker involved a daughter, Fielder, who sought to make a claim under the Family Provision Act against the estate of her father, who had passed away. The daughter, estranged from her father for the majority of her life, had attempted to re-establish contact with him shortly before his death, but her efforts were unsuccessful. The court was tasked with determining whether the daughter was entitled to a provision from her father's estate under the Act. The central legal issue was whether Fielder could be considered a person who was financially dependent on the deceased at the time of his death or shortly before, despite the estrangement, and whether the court should exercise its discretion to make an order under the Act.

The court considered the nature of the relationship between Fielder and her father, noting the estrangement but also acknowledging the daughter's attempts to reconnect. The court found that the estrangement did not automatically disqualify Fielder from making a claim under the Act. It was held that the court's discretion to make an order under the Act was not limited to situations where the applicant was in regular contact with the deceased. The court also considered the daughter's efforts to re-establish contact and her father's response to those efforts, finding that the deceased's refusal to re-establish the relationship was a significant factor. Ultimately, the court determined that a small legacy was appropriate given the circumstances, and exercised its discretion to make an order in favour of Fielder.

The orders made by the court were that Fielder was to receive a specific sum from her father's estate. The court emphasised that the amount awarded was not intended to reflect the full extent of what the daughter might have expected to receive had the relationship remained intact. Rather, it was a recognition of the limited contact that did occur and the father's refusal to engage with the daughter's attempts to reconnect. The court's decision balanced the statutory criteria with the discretionary nature of the Family Provision Act, taking into account the unique circumstances of the case.