King v King

The case of King v King involves an application under the Family Provision Act by the widower of a deceased woman, who was married to the deceased for six years. The applicant, the widower, sought a share of the deceased’s estate, particularly the family home, on the basis of his contributions to the renovation of the property. The application was heard by the court, which was tasked with determining whether the applicant was entitled to a share of the estate under the provisions of the Act.

The primary legal issue before the court was whether the applicant’s contributions to the renovation of the family home warranted an order for a share of the house to pass to him. The court had to consider the nature and extent of the applicant’s contributions, the length of the marriage, and whether the applicant had been adequately provided for under the deceased’s will. Additionally, the court had to decide if the applicant’s contributions were of such a nature that they warranted a departure from the usual rule that a spouse who has been married for less than ten years should receive a substantial portion of the estate.

The court determined that the applicant’s contributions to the renovation of the family home were significant and justified an order for a share of the house to pass to him. The court found that while the marriage was relatively short, the applicant’s contributions were substantial and went beyond mere cohabitation. The court concluded that the applicant had not been adequately provided for under the deceased’s will and that his contributions warranted a departure from the usual rule. As a result, the court ordered that a share of the house should pass to the applicant and that the balance should be held on a Crisp order, which allows the applicant to occupy the property for life, with the remainder to go to the deceased’s children.