The deceased’s former wife sought to make a claim on his estate. The couple had divorced many years before his death. In their property settlement, made under the Family Law Act, each party agreed that they would have no further claim on the estate of the other. The ex-wife however, brought her claim under another piece of legislation, the Family Provision Act.
Turner Freeman defended the executor of the will against the former wife’s claim. Our argument was that she had released the deceased from any claim under the terms of the settlement. The court held that she could not make a claim on the man’s estate. The decision was upheld on appeal, and the executor won a costs order against her.