Will maker can make no provision made for adult children

Date: Aug 20, 2014
Document Type: Article

It is clear from decided court cases that the Court accepts that willmakers are in certain circumstances entitled to make no provision for children, particularly in the case of children who treat their parent , the willmaker, callously, by withholding without proper justification their support and love for them in their declining years. Even more so when that callousness is compounded by hostility.

Each case is decided on its own facts but it is not the case that all an applicant for provision from the estate of a deceased person has to do is prove that he or she is aN eligible person and that he or she is in need of financial assistance.

The cases show that there will be a full investigation into all the facts and circumstances of the matter to see whether the community would expect the willmaker to have made provision or further provision for such an applicant.

Neither the previous Family Provision Act nor Chapter 3 of the Succession Act have the intention of affecting the willmakers freedom to leave his or her estate as the willmaker wishes except in so far as that freedom is subject to judicial review in order to ensure that people make provision for those who are dependent upon them financially or morally.

There are cases where a willmaker is entirely justified in making no provision for an adult child such as where the plaintiff through his or her own actions cuts him or herself off from the deceased person and little or no fault can be attributed to the deceased person for the lack of contact. The Court may well find that the deceased person has no obligation to make provision for the plaintiff, notwithstanding that the plaintiff is a child of the deceased person. In some circumstances a Court will find that the deceased person was entitled to regard the plaintiff as a person undeserving of any benefit of the estate of the deceased person whatever the financial circumstances of the plaintiff.

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