The recent decision of Re Davies [2014] VSC 248 involved an application by the deceased’s two grandsons for further provision from the deceased’s estate for their proper maintenance and support pursuant to Part IV section 91 of the Administration and Probate Act 1958.

In the deceased’s last Will, she left:

  • $12,000 to a charity;
  • $10,000 to each of her 3 grandchildren (including the 2 grandson applicants); and
  • the residuary to her surviving son, who was appointed as one of the executors of the Will.

The parties agreed that the estate had a net value of $2,451,766.92 after subtracting the legacies and the estimated costs of the parties in the proceeding.

In this case, the executors accepted that the deceased had a responsibility to make provision for the 2 grandsons and that the distribution under the Will did not make adequate provision for them. The Court considered that the concession was properly made in the circumstances.

The Court ultimately ordered that further provision in the sum of $400,000 should be made for each of the 2 grandsons to be held on trust for their benefit until each of them attain the age of 28 years. In making its decision, the Court had particular regard to:

  • the large size of the estate;
  • the 2 grandsons’ young age and the formidable incalculable hurdles that they face in the long term;
  • the death of the 2 grandsons’ father, who would otherwise have certainly received one half of the deceased’s residuary estate if he had not predeceased the deceased;
  • the clear need for further provision for the 2 grandsons for their immediate and long-term financial security and for unknown future contingencies; and
  • the age and maturity of the 2 grandsons and their significant emotional and psychological issues.

To find out how Armstrong Lawyers may assist you in relation to Estate Planning or Will Disputes, feel free to browse our Wills and Estates page.