Sim v Public Trustee, White v Public Trustee

Two daughters, Sim and White, contested the will of their deceased father, bringing their claims before the court. The crux of the dispute was the deceased's estate distribution and whether the daughters had been provided with adequate maintenance. The deceased had deliberately estranged himself from both daughters, which significantly impacted their respective claims under the Family Provision Act. The daughters argued that the estrangement should not bar their claims for adequate provision for their maintenance, considering their father's statements and their own financial and material circumstances.

The court needed to determine the legal implications of the deceased's deliberate estrangement on the daughters' entitlement to make claims under the Family Provision Act. Specifically, the court had to weigh the relevance of estrangement in exercising its discretion to make orders for proper maintenance. The daughters argued that despite the estrangement, the court should consider their individual circumstances, including their father's statements and their respective needs, in deciding whether they had been left without adequate provision.

The court held that the deceased's deliberate estrangement was a relevant factor in assessing the daughters' claims. While estrangement did not automatically bar a claim for proper maintenance, it did influence the court's discretion. The court considered the statements made by the deceased and the individual circumstances of each daughter, including their financial situations and the impact of the estrangement. Ultimately, the court determined that neither daughter had been left without adequate provision for their proper maintenance, taking into account the estrangement and the overall distribution of the estate.

The court's final orders did not favour either daughter's claim, as it found that both had been left with sufficient provision for their maintenance despite the estrangement. The court's decision emphasised the importance of considering the deceased's deliberate actions in relation to the exercise of its discretion under the Family Provision Act.