Strikeout application — inadequate provision from estate — variation to terms of will — Family Protection Act 1955 — Family Court Act 1980, s 11 — Trusts Act 2019, ss 126, 127 & 141 — Family Court Rules 2022, rr 193, 194 & 195 — Garrick v Max Pennington Motors Ltd [1996] DCR 244 — Cross v Cross [2017] NZHC 1272 — TD v T [2019] NZHC 2490 — Seward v Goosen [2016] NZFC 1884 — Re Coyne [2005] 24 FRNZ 922 —Bean v Bean [2019] NZHC 20 — Porter v NZ Guardian Trust Co Ltd [1996] 7 TCLR 322 — Balich v Talyancich, 4 February 1987, Henry J, High Court CP500/86 — Green v Hing [2021] NZFC 4687. The applicant sought further provision from her late father's estate, who had died 18 years before. Shortly after his death the parties had, by consent, settled a previous Family Protection Act claim brought by another adult child of the deceased. Under that agreement the applicant was to receive a $60,000 lump sum, to a trust that was settled for her benefit due to her increased vulnerability. She claimed that she had never received the sum from the trust and now applied to the Court for orders. The respondents applied to strike out the application. The Judge reached the conclusion that the application had to be struck out. There had already been Family Protection Act proceedings which determined the issues in full and final settlement; it would be an abuse of court processes to relitigate the issue; and even if a second claim could be made, it was well out of time. The Judge also considered the possibility of whether the trustees' actions could be reviewed by the Family Court under s 141 of the Trusts Act. However, s 141 required there to be active proceedings before the Court. As the Judge had determined that the strike out application was to succeed, there was accordingly no active proceedings in the Family Court. The Judge also declined to stay the proceedings or transfer the proceedings to the High Court. The Judge struck out the application. Judgment Date: 27 April 2023. * * * Note: names have been changed to comply with legal requirements. * * *