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Can a will be challenged if a dependant is not adequately provided for?
Can a will be challenged if a dependant is not adequately provided for?
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Comments:
Raphael
said:
A dependant who feels not to have been adequately provided for in a will can apply to the court. The court has discretion to make an order for reasonable provision out of the estate for the dependant. In making its decision, the the court will consider factors such as amount of the deceased's property, the needs of the dependant as well as he conduct of the dependant towards the deceased.
Acctording to Section 26 of the Law of Succession Act
"Where a person dies after the commencement of this Act, and so far as
succession to his property is governed by the provisions of this Act, then on the
application by or on behalf of a dependant, the court may, if it is of the opinion
that the disposition of the deceased’s estate effected by his will, or by gift in
contemplation of death, or the law relating to intestacy, or the combination of the
will, gift and law, is not such as to make reasonable provision for that dependant,
order that such reasonable provision as the court thinks fit shall be made for that
dependant out of the deceased’s net estate."
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