The Wills, Estates and Succession Act provides broad discretion for judges to alter the terms of a Will in order to ensure that it is just and equitable. This could include situations where spouses and children are disinherited, where there is unequal distribution amongst the children, or where one of the beneficiaries does not receive enough money to meet his or her needs.
A deceased’s property is typically distributed in accordance with his/her wishes, as set out in the Will. However, the maker of the Will has both a moral and a legal obligation to provide adequate support for spouses and children. Recourse may be available to those who did not receive fair support or a fair inheritance through the Wills, Estates and Succession Act. Factors that may be considered include:
Factors that may be considered include:
The nature of the deceased’s relationship with the applicant spouse or child;
Whether the deceased’s intentions in the Will appear to be rational;
Whether the deceased gave the spouse or child significant assistance or gifts during their life;
Whether the spouse or child provided adequate care for the deceased;
Promises made to the spouse or child;
The needs and standard of living of the spouse or child; and
The size and nature of the estate
If you believe that you have been wrongfully disinherited or that you did not receive a just and equitable share of an estate, you can contact an experienced estate litigation lawyer at Bronson Jones Gray & Company LLP. Call (toll-free: 1-855-852-5100) to see how we can help.