Roberts v McFadden

Roberts v McFadden was an application for family provision under the Family Provision Act 1969, brought by the applicant, an adult son who had received almost half of the deceased's estate, with the balance left to his sister. The application was dismissed by the court, which found that it was not a matter of principle for the son to receive further provision from the estate.

The legal issues before the court were whether the applicant's application was one of principle, and if so, what provision should be made. The applicant argued that he was in significant financial difficulty and had not received his fair share of the estate. The respondent, the sister, argued that the applicant had received a fair share of the estate and that the applicant's financial difficulties were self-inflicted.

The court found that the applicant's application was not one of principle, as the applicant had received almost half of the estate and was not in a position of significant disadvantage. The court noted that the applicant had chosen to pursue a career in the arts, which was not as financially rewarding as other career paths, and had made choices that had led to his current financial situation. The court also found that the applicant's relationship with his father had been strained, and that this was a relevant consideration in determining whether the application was one of principle.

The court dismissed the application, noting that it was not satisfied that the applicant's financial situation was such that it was just and equitable for him to receive further provision from the estate. The court found that the applicant had received a fair share of the estate and that the respondent had also received a fair share. The court noted that the applicant's sister had a close relationship with the deceased and had provided care and support to him in his later years.

No further orders were made by the court.