Hartnett and Hartnett v Taylor

In the case of Hartnett and Hartnett v Taylor, the applicants, the adult children of the deceased, brought an application under Part IV of the Administration and Probate Act 1958, seeking maintenance from their father's estate. The deceased had left a life interest in the estate to a sibling and the residue to his grandson, omitting his adult children from the Will. The applicants argued that despite the deceased's estrangement, he still had a responsibility to provide for them.

The court was required to determine whether the deceased had a responsibility to make provision for the adult children under the Will and whether the estrangement between the deceased and the applicants justified denying their claim. Additionally, the court needed to consider the conduct of the applicants to see if it contributed to the estrangement.

The court held that the deceased did have a responsibility to make provision for his adult children, even though he left them out of his Will. The estrangement did not automatically disentitle the applicants from claiming maintenance. The conduct of the applicants was not deemed responsible for the estrangement, and thus did not bar their claim. The court found in favour of the applicants and ordered that they were entitled to maintenance from the estate.