Pont v Morris

The case of Pont v Morris involves the three adult children and mother of the first deceased, who are also the three adult stepchildren and mother-in-law of the second deceased. The dispute concerns the distribution of the sole asset, a house property owned by the deceased as joint tenants, and the subsequent actions of the defendant who sold the property and dissipated the proceeds. The plaintiffs seek family provision from the estate of the second deceased, arguing that the sale and dissipation of the property's proceeds by the defendant warrants such an order.

The central legal issue before the court was whether the plaintiffs' claims against the estate of the first deceased were futile and if there were sufficient grounds to make an application against the estate of the second deceased. The court also needed to determine whether the assets of the defendant should be considered the notional estate of the second deceased, given that the property in question was dissipated by the defendant.

The court found that the claim against the estate of the first deceased was futile as the interest in the property passed by survivorship to the second deceased. However, the court identified several factors that warranted the making of an application against the estate of the second deceased. These included the financial and material circumstances of the plaintiffs, the dissipation of the property's proceeds by the defendant, and the competing claim of the defendant, whose affairs are under the control of the Protective Commissioner. Consequently, the court ordered that the assets of the defendant be designated as the notional estate of the second deceased, enabling the plaintiffs to seek family provision from those assets.