We were instructed to act for a 10 year old minor, through his mother acting as litigation friend. Our client’s mother and father divorced when he was a small child. Not long after the divorce, our client’s father made a will leaving his entire estate to his siblings, intentionally leaving out his son. Over four years had passed by the time our client sought legal advice, by which time his potential claim under the 1975 Act for provision from his father’s estate was out of time.
We applied to the court to exercise its discretion to allow our client’s claim for provision from his father’s estate. The court allowed our client’s claim and we subsequently negotiated settlement whereby it was agreed that the entire value of our client’s father’s estate was to be placed on trust for him until he reached the age of 18.