Wight v Wight as legal personal representative of Mark Lynton Wight deceased

Wight v Wight saw the widow, the applicant, seeking adequate and proper maintenance under the Family Provision Act. The dispute arose from the deceased's will, which made no provision for her, leaving her to rely on statutory rights to ensure her financial security post-bereavement. The beneficiaries in contention were the infant children of the applicant and the deceased.

The court had to decide whether the deceased had indeed failed to make adequate provision for the proper maintenance and support of the applicant, and whether the proposed settlement, which included reducing the interests of the infant beneficiaries to provide for the applicant, was within the bounds of a reasonable exercise of the court’s discretion. It also had to consider if the court had jurisdiction to approve a settlement reached at mediation and if such a settlement was in the best interests of the infant beneficiaries.

The court found that the proposed settlement was a sound exercise of discretion, adequately providing for the applicant while also considering the interests of the infant beneficiaries. The court noted that any discretionary provision for the applicant necessarily reduced the inheritance of the infants, her children, but this was deemed necessary to ensure the applicant's proper maintenance and support. The court concluded that the settlement structure was fair and should be sanctioned as it was in the best interests of all parties involved.

The court made the orders on 1 April 2019, sanctioning the proposed settlement as it fell within the reasonable exercise of the court’s discretion and was in the best interests of the infant beneficiaries.