Event and Time
Event Description
- The late Bruce Frederick Little (the Deceased) passed away on 11 September 2014, leaving behind a Will executed on 23 April 2009 which distributed his estate among his three sons: Geoffrey (the plaintiff), Russell, and Christopher.
- After extensive searches for Christopher, who had been out of contact for many years, the plaintiff sought a Benjamin Order to distribute the estate on the basis that Christopher may have predeceased the Deceased.
Application and Claims
- The plaintiff applied for a Benjamin Order, claiming that despite extensive efforts, he could not locate Christopher, and that it was probable he had predeceased the Deceased.
- The plaintiff also requested that costs of the proceedings be paid out of the estate on an indemnity basis.
Judicial Decisions
- The court agreed to the plaintiff’s application and granted the Benjamin Order, allowing the estate to be distributed to the plaintiff and Russell.
- The court ordered that the costs of the proceedings be paid out of the estate on an indemnity basis.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Arguments:
- Extensive searches had been conducted without success in locating Christopher. - Given the lack of communication between Christopher and the family for over two decades, it was probable he predeceased the Deceased.
- Christopher’s Presumed Interest:
- Although Christopher was entitled to a share of the estate, the plaintiff argued it was unreasonable to continue searching disproportionately to the size of the estate.
- Legal Basis:
- The application was based on the need for a Benjamin Order, which requires that it is probable that the individuals entitled under the deceased's Will have been ascertained and that no reasonable further inquiries could improve the situation.