Dignam-Thomas & anr v McCourt & anr [2024] WTLR 105
Spring 2024 #194The claimant sisters (aged 61 and 68) applied under the Inheritance (Provision for Family and Dependants) Act 1975 for provision out of the estate of their late father. The sole asset in the estate was the deceased’s home in which his son and sole beneficiary of his will, the second defendant (aged 72), continued to reside. The second defendant did not engage with the proceedings despite repeated service of court orders and correspondence, and concerns were raised as to his capacity to litigate. Trials were twice adjourned for capacity assessments to be undertaken, but the secon...