Limiting Testamentary Freedom: Does Family Provision Go Too Far?

The Court has long respected testamentary freedom and allowed testators to disinherit close family members if they so desired, leaving those family members with no legal options to contest the will. However, testamentary freedom is no longer absolute and a person who has been unfairly left out of or insufficiently provided for in a will may challenge that will under the family provision regime.

Read more

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.

Read more

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.

Read more