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?
Are a Testator’s Moral Obligations Relevant?
Family Provision was traditionally seen as a means of giving effect to a testator’s moral obligations or duties to provide for their dependants and family members. While, this approach has been questioned, the relevance of moral obligations or duties to family provision claims was confirmed in Vigolo v Bostin.
How Relevant Are the Deceased’s Testamentary Intentions?
The Court may have regard to any evidence of the deceased’s testamentary intentions when determining a family provision claim. However, the key question before the Court is whether adequate or proper provision has been made for the applicant. In this inquiry, evidence as to the deceased’s intentions will not be determinative.
Disentitling Conduct: The Effect of Estrangement
It is generally assumed that where a child is estranged from their parents, particularly in circumstances involving hostility or disentitling conduct on the child’s part, that the parent is entitled to disinherit them. This begs the question, can an estranged child contest the will?
Should Your Children Receive Equal Inheritances?
Nowadays, there is a societal expectation that siblings will receive equal provision their parent’s will. However, legally a parent is not obligated to treat their children equally and they can effectively distribute their estate however and to whomever they wish. So is it possible to contest a will on the basis that your sibling received a greater inheritance than you?