The Considerations For Family Provision Claims

Under Section 60(1) of the Succession Act, the Court normally applies two considerations in determining Family Provision claims. These considerations include:

(a)           Firstly, whether the persons making Family Provision claims or the persons in whose favour the Family Provision Orders are sought to be made are eligible persons under the Act, and

(b)           Secondly, the Court will assess and determine whether they should make a Family Provision Orders or not. In this second stage the Court determines whether adequate provisions for proper maintenance, education or advancement in life of the applicants have been made and whether they are able to meet their financial requirements from their own resources.

If you need a detailed understanding and advice on these provisions or disputing an Estate please do not hesitate to contact our office on 1800 600 664, or send a message by completing the contact form.

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