18 Mar 2009
MALCOLM ANDREW CHALK AND ORS V MERLE UNIS HOARE AND BERYL MAVIS STOUT AS EXECUTORS OF THE ESTATE OF AVIS UNIS BRODERICK HC PMN CIV 2008-454-736
- Citation
- openlaw-67928a9d_8cac_4b38_ba25_db36021c7804.pdf
- Court
- High Court
The court held that although there was no evidence of pressure and the testator intended to favor her daughters, she had not adequately discharged her moral duty to the deceased son's children by merely supporting their father; the grandchildren were part of the family and in varying need so that a prudent and just testator would have made provision for them, and accordingly the estate must make limited awards reflecting need and the testator's primary obligation to her daughters.