The High Court dismissed a request for discovery of documents about two adult daughters of a deceased man, in proceedings brought by another daughter seeking provision from his estate. The court adjourned the part of the discovery application concerning the deceased’s widow, pending an affidavit of means and time for the plaintiff’s advisers to consider it.
The judgment, delivered by Ms Justice Laffoy on 15 July 2013, concerned a claim under section 117 of the Succession Act 1965. The plaintiff is one of four children from the deceased man’s first marriage. He was survived by his widow and two adult daughters from his second marriage. Under his will, made in 2009, he left his property to his widow if she survived him by 30 days. She did, and was the sole beneficiary. The man died on 30 June 2011.
The plaintiff’s affidavits asserted that she and her siblings from the first marriage had received no financial assistance from their father, while the two daughters from the second marriage had received substantial gifts, including cars and houses. The widow’s affidavits did not address those specific claims. They remained assertions in the evidence; the discovery hearing did not determine whether the gifts had been made or whether the plaintiff was entitled to provision.
The plaintiff sought discovery across 13 categories, including records about the widow’s and the two daughters’ assets, gifts, education, employment and medical circumstances. The defendants, who were the will’s solicitor-executors, opposed discovery concerning the two daughters, saying they were neither applicants nor beneficiaries under the will. They also offered an affidavit of means for the widow as at the deceased’s death.
Justice Laffoy said the immediate issue was whether the requested documents were relevant and necessary for a fair disposal of the proceedings or to save costs. She found that records about the two adult daughters’ means and assets were not relevant to the section 117 claim, as neither was an applicant or beneficiary and both were independent adults when their father died. Much of the material was also unlikely to be in the executors’ possession or obtainable by them. The burden and cost of seeking it would be disproportionate.
As to the widow, the court considered that an affidavit of means relating to the date of death should meet the plaintiff’s immediate needs. The plaintiff could consider whether it supported a narrower request for documents. The court stressed that the section 117 inquiry focuses on the position at the testator’s death and that all 13 categories were too wide, including those sought about the widow.
The court did not decide the underlying section 117 claim. It dismissed discovery relating to the two daughters and adjourned the remainder of the discovery motion to allow the widow’s affidavit to be provided and reviewed.