You cannot “give” away your body under your will, and your control over your body after you die is limited. The executor of your estate will ordinarily have control over your body when you die.
Out-of-Pocket: Capping Costs in Family Provision
The Court may make orders capping the costs recoverable by a party in family provision proceedings
The Executor Won’t Seek Probate of the Will: What Can I Do?
If the executor won’t apply for probate, as a beneficiary you have two options. Serve a notice to apply for probate on the executor or apply to the court for letters of administration.
Can I Claim Family Provision if I Recevied an Early Inhertiance?
Most family provision claims concern the distribution of the deceased’s estate after their passing. So what happens when eligble persons receive an early inheritance? Can they still claim Family Provision?
Does the Executor Need the Consent of the Beneficaries to Reach a Settlement in Family Provision Proceedings?
The Executor has the power to compromise a family provision claim, but do proposed settlements or consent orders require the consent of the beneficiaries.
Is a Future Inheritance a Relevant Consideration in Family Provision Proceedings?
Section 60(2)(d) of the Succession Act indicates that an applicant’s present and future financial resources and financial needs are matters which the court will consider in determining a family provision application. This begs the question: is a future inheritance a financial resource?
Family Provision: Was I in a De Facto Relationship?
The meaning of a “De Facto Relationship”, for the purposes of the Succession Act, is defined in s 21C of the Interpretation Act, as follows: A person is in a de facto relationship with another person if: (a) They have a relationship as a couple living together, and (b) They are not married to one another or related by family.
Murderers Will be Disinherited: The Forfeiture Rule
The forfeiture rule prevents a person who has caused the death of a testator from receiving an inheritance under the testator’s will or from bringing an application for family provision against the testator’s estate, even where they meet the eligibility criteria.
How to Prevent your Will from Being Contested?
It is impossible to absolutely prevent someone from contesting your will provided that they are an eligible person who meets the relevant criteria. However, certain strategies can be employed to minimise the risk of a family provision claim.
Interim Family Provision Orders: When Are They Awarded?
In certain cases where an applicant has pressing financial needs, an interim family provision order may be made, meaning that the applicant may receive an interim distribution from the estat