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.
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.
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?
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?