Goold v Field

In the case of Goold v Field, the deceased's daughter, Goold, sought provision for her maintenance and support out of her deceased mother's estate under the Family Provision and Maintenance Act. The central dispute was whether the court had the jurisdiction to provide for the applicant, who had been fostered and had not maintained contact with her mother, and whether the deceased had failed to make sufficient provision for her in her will.

The legal issues before the court were the basis and extent of the court's jurisdiction to grant relief under the Act, and whether the applicant had been left with insufficient provision in the will. The court had to determine whether the applicant's compelling need for provision could justify the court exceeding the typically accepted range of 40 to 60 percent of the estate, especially given the disproportionate claims of other beneficiaries.

The court found that it had jurisdiction to make provision for the applicant under the Act, as the applicant had been left with no provision at all, and there was no evidence suggesting why the deceased had made no provision for her. The applicant's substantial deprivation and lack of support at the time of her mother's death justified the court's intervention. The court held that the applicant had been left with insufficient provision, as evidenced by her significant needs and lack of alternative support. The court granted the application, allowing for the applicant to receive provision from the estate, and adjourned a further hearing to agree on the minutes of orders. The costs were reserved pending further agreement.