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SA Contesting a Will and Caveat

Discussion in 'Wills and Estate Planning Law Forum' started by Donna2874, 26 June 2015.

  1. Donna2874

    Donna2874 Member

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    My step father passed away and in his will has given $10,000 to all step and biological children equally and what is left to my mother, his wife. His biological daughter is contesting the will and has now apparently put a caveat on property that my step father lived but the property is owned by my sister alone.

    How can contesting a will and putting on a caveat happen? And would it hold up?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi there, a family provision application can be brought by a child or step child of the deceased who wishes to seek a share of the estate, or a larger share of the estate, because the deceased person has failed to make ‘adequate provision’ for the child's ‘proper maintenance and support.’

    There are a number of things a court will take into account when determining whether the application should be approved, including.
    • the nature of the relationship between the child and the deceased
    • any responsibility of the deceased toward the child
    • the size of the deceased’s estate ;
    • the financial resources and financial needs of the child or any other beneficiary;
    • any physical, intellectual or mental disability of the child or any other beneficiary
    • any contribution by the child to the acquisition, conservation and improvement of the estate or the welfare of the deceased
    • any gifts or provisions made to the child by the deceased while alive
    • whether the child was financially dependant on the deceased while alive
    • character and conduct of the child before and after the deceased’s death;
    Its difficult to say without a detailed knowledge of the circumstances whether or not your sister's claim will be successful.
     

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