Mansfield v Mansfield

The case involves an application by the grandchildren of the deceased, Dora Alice Mansfield, seeking leave to file out of time an application for provision under the Inheritance (Family and Dependants Provision) Act 1972 (WA). The deceased had left her residual estate to her son and his wife, the defendants, and had provided for each of her grandchildren to receive a legacy of $1000. The plaintiffs, the grandchildren, sought leave to file out of time their application for provision from the estate, arguing that they were unaware of their rights under the Act and the six-month limitation period. The defendants opposed the application, arguing that the plaintiffs had been aware of their legacy under the will and that granting the application would cause them significant prejudice.

The key legal issues were whether the plaintiffs had established an arguable case on the merits and whether the defendants would be so prejudiced that the application should be refused. The Court considered the statutory discretion under s 7(2)(b) of the Act, which allows the Court to grant leave to file out of time if the justice of the case requires it. The Court noted that the plaintiffs bore the onus of proving sufficient grounds to deprive the defendants of the benefits of the time limit and that the discretion was to be exercised judicially.

The Court found that, while the plaintiffs had a minimal case, the third plaintiff, Elisha, arguably had a case on the merits due to her age and the fact that she was starting out on adult life. The Court was satisfied that the delay in filing the application was due to the plaintiffs' ignorance of their rights under the Act and the time limit, and that notice was given to the defendants promptly thereafter. The Court concluded that the defendants' prejudice, while significant, was not sufficient to refuse the application for leave to file out of time.

The Court granted leave to the third plaintiff to file out of time but refused the applications of the other plaintiffs who had not established an arguable case on the merits.