Rarely will a Court interfere with a deceased's will where they have divided their assets equally between their surviving children.
A Family Provision Claim, in its essence, is to ask the question "Did the deceased, in all the circumstances, make adequate provision for the claimant?"
In the majority of instances where the claimant is an able-bodied adult in employment, and the other beneficiaries are in a similar financial circumstances, the Court will generally not increase provision to the claimant and consequently dismiss their claim, as occurred in this instance.
In this case, where the deceased's divided her estate equally between her two children, and one child made a claim for increased provision, the court found against him, stating that the deceased's will "conforms with what is considered to be right and proper according to contemporary community standards".
This is not to say that in the instance where a will does not leave the estate equally between surviving children that the Court will make orders for the estate be divided equally between surviving children, as it is not the purpose of the court to achieve an "overall fair" distribution of the estate or to achieve some kind of equity between the parties.
The Court's role is not to reward an applicant, or to distribute the estate according to notions of fairness or equity but to go no further than to make "adequate" provision in all the circumstances for the "proper" maintenance, education and advancement in life of the applicant.
In the instance where the Court believes adequate provision has already been made, they will not award an increase of provision.