In the matter of Clarke v Clarke, a widow succeeded in her claim for family provision against the two children of the deceased. Background The widow was the second spouse of the deceased. The deceased had two children from a … Continue reading Balancing the wants of the widow against children’s entitlement
The Court recently ordered that a life interest in a property be made a flexible life interest by way of a ‘Crisp’ order. Facts The deceased had prepared a will that left everything to his only child from his first … Continue reading Life Interest Not Enough
Adult son successful in claim against Estate after suffering significant change in his health after the deceased’s death. Continue reading Son’s changing needs after father’s death results in successful claim
Deceased estranged from all children at various times, but reconciled with two. After seeing solicitor did not make a will. Court found had died intestate by design; estranged child made claim but was unsuccessful as could not establish inadequate provision. Continue reading Estranged adult son fails at first hurdle
A recent family provision claim made on behalf of a minor child was unsuccessful. The child was the result of a brief relationship, and it appears that the decision to maintain the pregnancy caused the relationship to breakdown irretrievably. The … Continue reading Minor child unsuccessful
Lindsay J recently made an order for further provision for an adult child who claimed against the Estate of her late father, despite the fact that he had died some 14 years previously. The daughter made the claim within 12 … Continue reading 13 years late…no problem!