Life v Hall

The Plaintiff, Life, sought to apply for a family provision order under Chapter 3 of the Succession Act 2006, out of time, against the Defendant, Hall. Life is the son of the deceased, and Hall is his sister. The deceased left a Will which made a provision for Life, but Life contended that this provision was inadequate. The estate was of modest size, with no notional estate to consider. The court had to determine whether there was sufficient cause to extend the time for making Life's application and, if so, whether adequate and proper provision had been made in the Will for Life. If not, the court had to determine the nature and quantum of the provision to be made.

The court found that there was sufficient cause to extend the time for Life's application, primarily because of the delay in discovering the inadequacy of the provision in the Will. The court examined the deceased's intention in making the Will, the contributions of the parties, and the family circumstances. The court determined that the provision made for Life was inadequate and ordered further provision to be made. This was to be an additional percentage of the net estate absolutely, and if Life purchased accommodation, an additional percentage by way of a loan from Hall's share of the estate, repayable to Hall, and secured by a registered mortgage on any property purchased by Life.

The court concluded that the deceased intended to make equal provision for Life and Hall but did not adequately consider Life's needs, particularly his need for accommodation. The order for further provision recognised Life's needs and the deceased's intention to provide equally for his children. The court made the order out of time because of the delay in discovering the inadequacy of the provision in the Will. The order provided for the additional percentage to be paid absolutely to Life and for the loan to be secured by a registered mortgage on any property purchased by Life. The order recognised the deceased's intention to provide equally for his children and provided for Life's needs to be met.