How Relevant Are the Deceased’s Testamentary Intentions?

Pursuant to s 60(2)(j) of the Succession Act, the court may have regard to any evidence of the deceased’s testamentary intentions when determining a family provision claim. However, as is illustrated in Armitage v Fraser 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.

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