SA Contesting a Will and Caveat

[Donna2874]

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?

 

[Sophea]

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.