In family provision cases, a court may prefer an outright capital sum over a flexible/portable life interest where executors have demonstrated a fundamental misunderstanding of their duties and a failure to exercise their discretion in the claimant's favour, particularly where a residuary beneficiary who is also an executor has a conflict of interest. The executors' past conduct in administering the estate is a relevant consideration in determining the form of further provision. A testator's moral duty to a child is higher than any duty to a grandchild, and prejudice to a grandchild who is a residuary beneficiary is not a reason to reduce provision to the child.
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