Under Part IV of the Administration and Probate Act an eligible claimant may make a claim against the estate of that person for proper provision.
The legislation was amended as at 1 January 2015 and the revised legislation applies to all deaths on or after this date. For information as to death’s prior to 1 January 2015, please contact RNG Lawyers.
Even if a Will is created correctly, disputes can arise after a person’s death.
The right to make a claim arises when a deceased person fails to make adequate and proper provision for the maintenance and support of the claimant in their Will in light of the deceased person's circumstances and their moral obligation to the claimant.
The legislation is in place to ensure that the deceased person's legal obligation to support the claimant is observed by the distribution under the Will. It is not to be about fairness or any equity between claimants or to redress any wrongs which reward any member of the family against another.
The legislation tries to balance the deceased’s right to do whatever they wish with their estate against the legal and moral duty that they have to support people who either are dependent on them or have strong moral claims on them for financial support.
The introduction of this legislation has seen the categories of potential claimants limited to eligible persons.
The legislation sets out considerations which the Court must take into account as well as other considerations which a Court may take into account.
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