Application for leave to commence proceedings — re-call estate — survivorship — breach of moral duty — judicial settlement conference agreement — Property (Relationships) Act 1976, ss 25 & 88 — Family Protection Act 1955, s 4. Proceedings were brought under the Property (Relationships) Act (the PRA) and the Family Protection Act in respect of the estate of a deceased man. An application had been brought under s 88 of the PRA for leave to commence proceedings by the trustee of the deceased's estate to re-call into the deceased's estate a one-half share of what is relationship property passed by survivorship to his widow (the respondent). Once the half share of relationship property was recalled into the estate the deceased's three children wanted to seek provision from it on the basis that their father owed a moral duty to make effective provision for them in his will and he breached that duty by failing to do so. In 2016, two of the deceased's sons (the applicants) and the respondent entered into negotiations that failed, leading to a judicial settlement conference where an agreement was formed. At the end of the conference the exact manner in which the terms of the agreed settlement were to be implemented was still not decided and required further discussion between counsel and parties. The Judge stated that if further Court orders were sought to implement the terms of the agreed settlement, then either a memorandum of consent with memorandum of counsel will need to be filed or a further judicial conference would have to be held. The deceased's third son would also need to seek legal advice as to the terms of the agreement as he had not participated at the conference and potentially had cognitive issues. The Judge recorded the applicants and respondent agreed to the terms of settlement. Judgment Date: 8 January 2019. Reissued: 18 January 2019.