Assessing Validity of Family Protection Act Claims

The Family Protection Act plays a crucial role in determining the distribution of a deceased person's estate, ensuring that their dependents receive adequate maintenance and support.

In a recent ruling, the court decided in favour of Glenn Cooper and Emma Pearce, setting a precedent that could significantly influence future claims under the Act. This ruling emphasises the inclusion of gifts made by the deceased to an applicant’s children and grandchildren in assessing whether sufficient support was provided during the deceased's lifetime.

Background of the Case

Glenn Cooper and Emma Pearce successfully defended a Family Protection Act claim, which has broad implications for future similar claims. The court found that gifts made by the deceased to an applicant’s children and grandchildren are relevant factors in determining if the applicant had received adequate support and maintenance.

Key Findings of the Court

The court's decision marks an important development by extending the assessment of support beyond direct inheritance. This includes gifts given by the deceased during their lifetime, thereby providing a more comprehensive view of the deceased's contributions to the applicant's well-being.

This builds on the principles set out in Vincent v Lewis, where the Court is required to assess the following to determine whether an applicant has been properly maintained and supported:

Breach of Moral Duty

The test is whether, objectively considered, there has been a breach of moral duty as judged by the standards of a wise and just Testatrix/or.

Moral and Ethical Considerations:

Moral duty is not restricted to mere financial need but includes broader moral and ethical considerations.

Assessment in Context:

Whether there has been such a breach is to be assessed in all the circumstances of the case, including changing societal attitudes.

Estate Size and Other Claims:

The size of the estate and any other moral claims on the deceased’s bounty are relevant considerations.

Need for Maintenance and Support:

It is not sufficient merely to show unfairness. There must be a demonstrated need for maintenance and support.

Disparity in Treatment:

Mere disparity in the treatment of beneficiaries is not sufficient to establish a claim.

Limitation of Court's Generosity:

If a breach of moral duty is established, the court will not be generous beyond ordering sufficient provision to repair the breach.

Non-rewriting of Wills:

The court’s power does not extend to rewriting a will because of perceived unfairness.

Parent-Child Relationship:

The parent-child relationship carries a moral obligation reflected in the Act, but this obligation is defined by the relationship during their joint lives.

This decision highlights the importance of considering the broader context of a deceased’s gifting during their lifetime and its role in fulfilling an applicant’s maintenance and support needs. It reaffirms that the Court’s primary goal is to address breaches of moral duty without re-writing the deceased’s will.

Cavell Leitch’s Disputes Resolution team specialises in navigating complex family law disputes. Our recent successes in this area demonstrate our commitment to securing favourable outcomes for our clients.

Contact us today to ensure your family’s legal rights are protected.

FAQ

What is the Family Protection Act?

The Family Protection Act is legislation designed to ensure that dependents of a deceased person receive adequate maintenance and support from their estate.

How does the court assess maintenance and support needs?

The court considers various factors, including the size of the estate, the moral duty of the deceased, and the applicant's demonstrated need for maintenance and support.

Can lifetime gifts affect inheritance claims?

Yes, gifts made by the deceased to an applicant’s children and grandchildren during their lifetime are considered when assessing if the applicant received sufficient support.

What should I do if I believe I have a claim under the Family Protection Act?

It is advisable to seek legal advice to understand your rights and the strength of your claim. Contacting a legal expert, such as the Disputes Resolution team at Cavell Leitch, can provide guidance.

How can Cavell Leitch assist with family protection claims?

Cavell Leitch’s Disputes Resolution team has extensive experience in handling Family Protection Act claims, offering expert advice and representation to achieve favourable outcomes.