How to Disinherit Your Children

Whether or not a parent should be entitled to disinherit their children is a controversial topic. Although the law does not place any positive obligation upon a parent to provide for their children, the family provision regime operates to prevent a testator from disinheriting those persons whom they have a moral obligation to provide for, thus, restricting the ability of a parent to disinherit their child.

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Missing Persons & The Presumption of Death

Where a person disappears and has not been heard from for a period of 7 years by their friends, family or colleagues, they may be presumed dead. If the presumption of death applies, and the person has left property behind, the Court may distribute their estate according to their will or the rules of intestacy, and deal with any family provision claims accordingly.

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Who is a Child of the Deceased?

Under s 57(1)(c) of the Succession Act, a Child of the Deceased is Eligible to Contest their Parent’s Will. Generally, whether or not a Family Provision Applicant is a Child of the Deceased is self-evident. However, shifting family structures and the rise of blended families raise several questions about who is a Child of the Deceased for the Purposes of Family Provision.

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