Malone v Runge

The case of Malone v Runge involved the daughters of a deceased person seeking a family provision order under Chapter 3 of the Succession Act 2006. The defendant, the grandchild of the deceased and the daughter of the sole residuary beneficiary, had been granted probate of the deceased's will. The plaintiffs argued that adequate and proper provision had not been made for them in the will and sought to determine the nature and quantum of the provision that should be made. A significant aspect of the case was the allegation of estrangement from the deceased and its effect on the provision made for each plaintiff.

The central legal issues before the court involved interpreting the will and assessing whether the deceased had made adequate and proper provision for the plaintiffs. The court had to determine the meaning of 'adequate and proper provision' within the context of the Succession Act, and whether the estrangement of the plaintiffs from the deceased affected the provision made for them in the will. Furthermore, the court needed to decide if the plaintiffs' estrangement justified a departure from the deceased's stated wishes, and if so, what provision should be made for each plaintiff.

The court found that the deceased had indeed made adequate and proper provision for the plaintiffs in the will. In reaching this decision, the court considered the evidence of estrangement and the plaintiffs' conduct but ultimately held that the will reflected the deceased's intentions. The court found that the estrangement did not justify a departure from the deceased's wishes as expressed in the will. Consequently, the court dismissed the plaintiffs' applications for family provision orders. The reasoning was that the will had made sufficient provision for the plaintiffs, and their estrangement from the deceased did not alter the court's interpretation of the will.