Kristine Judith Anderson

The court dismissed two actions by will beneficiaries against the drafting lawyer for negligence, holding that the claims were statute-barred by the 15-year ultimate limitation period in section 15(2) of the Limitations Act, 2002.

The court found that the limitation period began to run from the date of the negligent drafting, not the testator’s death, and that no statutory or common law exception applied.

The court also addressed the application of the Trustee Act and concluded that the two-year limitation period for estate claims did not revive or extend the beneficiaries’ claims.

The applicant, Qi Xue, brought a motion seeking an order for financial disclosure from his stepdaughter, Yimeng Sun (Serena), in the context of a broader family law application for divorce, support, and property equalization against his spouse, Xiuping Sun, and Serena.

Serena opposed the disclosure, arguing that there was no evidence of parental care from Xue, the disclosure sought was disproportionate, and that support should be primarily sought from the spouse.

The court found that Xue had an arguable case for having provided care or support to Serena, thereby engaging Section 32 of the Family Law Act, and demonstrated a need for support.

Additionally, both Xue's property and support claims, and Serena's own property claim against Xue, triggered the financial disclosure requirements under Rule 13(1) of the Family Law Rules.

The court granted the motion, ordering Serena to provide the requested financial disclosure.