A constructive trust claim based on representations about property to be left by will may fail where the representor subsequently incurs substantial additional moral obligations (such as through remarriage and further children), because the non-fulfilment of the representation may not be unconscionable in those changed circumstances. However, the same facts may support a Family Provision Act claim, and the existence of a reasonable but unsuccessful constructive trust claim brought within time can constitute both 'sufficient cause' for an extension of time under s.16 and 'special circumstances' under s.28(5)(d) for designating distributed property as notional estate. 'Special circumstances' under s.28(5)(d) are not limited to the types of circumstances specifically suggested by s.28 itself.
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