Gersbach v Blake

The case of Gersbach v Blake involved a dispute regarding a family provision order sought by the daughter of the deceased, who had been left nothing in the deceased's will. The application was brought out of the usual time frame after the estate had already been distributed to the defendant, who was the executor of the will. The primary legal issue before the court was whether the time for making the application should be extended and, if so, whether a provision should be made for the plaintiff. Additionally, the court considered whether a notional estate order should be made.

The court examined the circumstances leading to the delay in bringing the application and considered the statutory provisions governing family provision applications. It assessed the discretion available to the court under the relevant statute to extend the time limit and whether the circumstances justified such an extension. The court also evaluated the merits of the application, considering the needs of the plaintiff and the deceased's intentions as evidenced by the will and other relevant factors. In making its decision, the court balanced the statutory requirements with the equitable principles applicable to family provision claims.

The court concluded that the delay in bringing the application was significant but found that exceptional circumstances warranted an extension of the time limit. The court found that the plaintiff had established a need for provision from the estate and that the deceased's intentions, as expressed in the will, did not fully account for the plaintiff's circumstances. Consequently, the court exercised its discretion to make a family provision order, directing that the plaintiff be provided with a sum from the estate. Additionally, the court made a notional estate order to reflect the hypothetical position if the estate had not been distributed to the defendant. This decision ensured that the plaintiff received the provision she needed, despite the late application.