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What will the Court consider?

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The Court will first consider whether the testator has made an adequate provision for you in your particular circumstances. This includes consideration of:

  • your financial position, level of education and age;
  • the provision made for you in the Will (if any);
  • the relationship the testator had with you and the other beneficiaries;
  • the value and nature of the estate;
  • any contribution you have made to the testator’s assets;
  • the needs of other family members; and
  • any conduct that you have engaged in that may disentitle you to a share of the estate.

If the Court finds that an adequate provision has not been made for you, it will effectively re-write the Will so that it reflects what a wise and just testator would have done.

 

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