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Family Provisions Claims - a Judicial reminder

A word from the bench



Family provisions cases revolve around the contestation of a deceased's will, primarily when an individual believes they have not been adequately provided for from the deceased's estate. These cases necessitate the careful balance of respecting the deceased's wishes while ensuring a fair distribution, especially for those who were financially dependent on the deceased.


In these cases, we, as judges, look for evidence of the deceased's intent as expressed in their will, their relationship with the claimant, the claimant's financial circumstances, and whether the claimant has a demonstrable need for further provision. Any moral obligation the deceased might have had to provide for the claimant is also considered.


Eligible persons usually include the deceased's spouse, children, or those in a de facto relationship with the deceased. Additionally, certain dependents, like those who lived with the deceased or were financially supported by them, can also be eligible. The specific eligibility requirements may vary according to jurisdiction.


Remember, our task here is not to rewrite the will but to ensure that it meets its purpose of providing for the deceased's dependents. Each case is unique and calls for compassionate discernment, respect for the law, and utmost integrity. Your role in the process is critical to ensure justice is served.

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