MacLennan v Perpetual Trustees WA Ltd as Executor of the estate of Mary Fraser MacLennan (Dec)

The case of MacLennan v Perpetual Trustees WA Ltd as Executor of the estate of Mary Fraser MacLennan (Dec) involves an application by three of the deceased's children for leave to file out of time under the Inheritance (Family and Dependants Provision) Act 1972. The applicants seek to challenge the provisions of the deceased's will which excluded them from inheriting any part of her estate. The legal issues before the court included whether the applicants had an arguable case on the merits, the reasons for the delay in bringing the application, and whether the refusal to grant leave would leave the applicants without redress against anybody. The court held that the applicants had not made a substantial case for the extension of time, and that the justice of the case did not require the grant of leave. The applicants' substantial delay in bringing the application, coupled with the fact that the estate had already been distributed and the beneficiaries had passed away, weighed heavily against granting leave. Furthermore, the court found that the applicants had not demonstrated any need for provision from the estate for their maintenance, support or advancement in life, and that the provisions made in the will were likely to be those a just and wise mother would make. The court ultimately refused to grant leave to the applicants.