Morgan v Stephenson: Estate A.W. Horne

The case of Morgan v Stephenson: Estate A.W. Horne involved a claim under the Family Provision Act. The plaintiff, Morgan, sought provision from the estate of the deceased, A.W. Horne. Morgan contended that they were an "eligible person" as defined by the Act, having been a member of Horne's household when they were a small child and having been financially dependent on Horne for a brief period during their childhood. The court had to determine whether Morgan qualified as an "eligible person" under the Act and, if so, whether an order for provision should be made in their favour.

The central legal issue before the court was whether Morgan's brief period of financial dependence on Horne during their childhood qualified them as an "eligible person" under the Family Provision Act. The court considered the statutory definition of "eligible person" and examined the specific circumstances of Morgan's relationship with Horne, focusing on the duration and nature of the financial dependency. The court also needed to decide if, despite Morgan qualifying as an "eligible person", an order for provision was warranted.

The court held that Morgan was indeed an "eligible person" as they had been a member of Horne's household and had been financially dependent on Horne for a short period during their childhood. However, the court found that despite this, an order for provision from Horne's estate was not warranted. The court emphasised the need to balance the statutory criteria for eligibility with the broader context of the deceased's estate and the principles of fairness and justice.

The court made an order dismissing Morgan's application for provision from Horne's estate, acknowledging Morgan's status as an "eligible person" but concluding that the application did not merit a provision order.