Blake (Ghita) v Patrick Campbell

• Jurisdiction: Jamaica
• Judge: Straw, J
• Judgment Date: 24 September 2007
• Judgment citation (vLex): [2007] 9 JJC 2401
• Court: Supreme Court (Jamaica)
• Date: 24 September 2007

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

BETWEEN

GHITA BLAKE

APPLICANT

AND

PATRICIA CAMPBELL

RESPONDENT

AND

IN THE MATTER OF ESTATE JOSEPH BLAKE, LATE OF MORNINGSIDE DISTRICT, JUNCTION P.O. IN THE PARISH OF ST. ELIZABETH, DECEASED TESTATE

AND

IN THE MATTER OF AN APPLICATION BY GHITA BLAKE UNDER THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDENTS) ACT.

WILLS - Whether provisions reasonable

Straw, J

1 HISTORY

2 Mrs. Ghita Blake, the applicant, is the fifty-nine year old widow of the late Joseph Blake who died on June 25, 2005. This was his second marriage. She has two children by a previous marriage. They are all adults.

3 She met Mr. Blake in March 2003 while visiting her native parish of St. Elizabeth. At the time, she lived in Kingston and worked as a cook at the University Hospital of the West Indies. Mr. Blake was smitten with love and encouraged her to leave her job, give away her furniture and to live with him at his home in Morningside District, Junction, St. Elizabeth.

4 As a result, she came to live with him sometime in the latter part of 2003. They got married on November 20, 2004. Between that time and his death, he provided for all her financial needs while she took care of him and the house.

5 It was not to be a tale of 'Happy Ever After,' however, as death intervened quickly after only several months of married bliss.

6 Mr. Blake has an adult daughter, Patricia Campbell, the respondent and an adult granddaughter. They both live in the United States of America. In his will, he appointed the respondent as his executor.

7 Apart from the land and house at Morningside District, the testator also owned a 1999 Toyota Corolla.

8 By the terms of the will, the land with the house thereupon was left to his daughter and granddaughter in equal shares. The 1999 Corolla was also bequeathed to his daughter, Patricia.

9 However, the widow was given a life interest in a bedroom and bathroom situated downstairs. She was also given the benefit of his pension.

10 Mr. Blake is what is commonly described as a returning resident to the island of Jamaica. He received his pension in pound sterling.

11 It would appear that Mr. Blake wanted the benefit of his earthly possessions to be shared amongst the three women in his life. The will stated that he had spoken to his wife Ghita about the living arrangements and that she had agreed. By all appearances Mrs. Blake would have both a house to live in and money to meet her expenses.

12 However, trouble, apparently, is never absent from paradise. Sometime after Mr. Blake's death, the respondent attempted to restrain Mrs. Blake's possession of the bouse to the area described in the will. However, there is not a proper bathroom, only a powder room. She has also complained that she would have no access to a kitchen or other reasonable facilities.

13 At the present time, she also has no access to the pension as her enquiries at the British High Commission revealed that the benefit would only be available to her when she has attained the age of 60 years. She will be 60 years in February 2008.

14 The Claim

15 Mrs. Blake has made an application by way of Fixed Date Claim Form under the Inheritance (Provision for Family and Dependents) Act.

16 Section 4(1) of the Act reads as follows:

"An application for an order under Section 6 may be made by any of the persons referred to in subsection (2) on the grounds that the disposition of the deceased's estate effected by his will----, is not such as to make reasonable financial provision for the maintenance of the applicant."

17 Section 2 delineates the category of applicants which includes the wife of the deceased.

18 Section 6 (1) of the said Act states as follows:

"Subject to the providing of this Act, where an application is made for an order under this section, the court may, if it is satisfied that the disposition of the deceased estate effected by his will----, is not such, at the time of the hearing of the application, as to make reasonable financial provision for the maintenances of the applicant, make any one or more of the following orders."

19 The section then proceeds to list from a to f, the various orders that could be made by the court including an order for periodic payment to the applicant out of the net estate of the deceased, an order for a lump sum payment out of the estate and an order for transfer of property comprised in the estate to the applicant.

20 Mrs. Audrey Clarke, on behalf of the widow, has asked that the court transfer title of the Toyota Corolla motor car to the claimant or that it be sold at the current market value for the purpose of making immediate financial provision.

21 Secondly, she has asked that the entire legal and beneficial interest in the property situated at Morningside District be transferred to the claimant.

22 On the other hand, Mr. Steer, on behalf of the respondent, has asked the court not to interfere with the testator's disposition as it reflects his intention to provide for his child, grandchild and wife.

23 He has also argued that reasonable financial provision has been made for the applicant as she has the pension, that it was the pension that both herself and the deceased...