Applegarth J today handed down a decision in a family provision application trial that took place earlier this month. I appeared for the applicant.
The issue at trial was not whether adequate provision ought to be made, that much was conceded (although quantum was in issue), but whether any award for the applicant ought to be held in a protective trust, or be provided by way of a life interest in a house, rather than an outright award to the applicant.
The reasons the respondent alleged a trust was needed included the applicant’s poor financial management history, relationship breakdowns and mental illness.
Applegarth J awarded the applicant $850,000. He found that there was no need for any form of protective trust or life interest.
You can read the case here.