Estate worth $1.7m.  Will shared estate (roughly) equally between the deceased’s four children (would have been about $432K).  Applicant was 66 yo who because of various illnesses and her age, was unable to work.  She had assets of approx. $115K (car, furniture and cash) and was on a pension. Reasonably good relationship with mother.  Applicant wanted her own home.  In dismissing her claim, Master  Sanderson said:

Once again it comes down to the question of why it is necessary for the plaintiff to buy a property. She has rented for many years and at least at present is in satisfactory accommodation. If she were to continue to rent she would, as I have indicated, have sufficient capital to meet her needs. So really the case comes down to this. Was there a moral duty on the deceased to provide sufficient in her estate to allow the plaintiff to purchase a property in which she could reside. I am not satisfied such a moral duty existed.

Read Kennedy v Kennedy here.

2 thoughts on “Another adult child claim dismissed

  1. Brave work. Good on the Executor/s for sticking it out ! High risk. Good decision. I wonder if there were offers made that ought to have been more carefully considered.


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