Today I appeared on a statutory will application. It was an “absent parent” case, although this time both parents were absent and the Aunt had been the testator’s sole carer since 2008. She proposed that the residue be divided between her and the testator’s 3 siblings equally (which would give her 25%). Applegarth J was concerned that this was too generous to the siblings, and given the sacrifices she had made for the testator, upped the percentage to the Aunt (above her objections) to 55% (with 15% to each of the siblings).
His Honour gave reasons, which are yet to be published – BS 5923/14.