A testator’s disposal of property and providing for the family, cohabitants and dependants

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8 word format

document in English

constitutional law

presentation

published 06/10/2008

review : Completed

level : Advanced

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Summary

In our courts, wills are contested and challenged every day. Despite the best intentions of the testator, or author of the will, there is no such thing as a will that cannot be contested. Still, it is important to remember that a will is designed to protect the wishes of the testator after they are deceased and the will comes into play. After all, the testator took the time and paid the expenses to have a will written, so shouldn’t their wishes be honored? Still, everyone has heard the stories of testators changing their minds or re-writing wills on their deathbeds. Although painful for the surviving families, the mental sanity of the testator in these cases is often brought into question. For legal scholars, the question is finer than this. Is a testator allowed to divide his or her property however they wish, or is do dependents, family members, and others affected by the will have a right to question the testator’s decisions after they (the testator) are gone and unable to clarify their wishes?

Introduction.
The Inheritance Act of 1975 and the Provision for Family and Dependants.
The question of what a testator does with his or her property.
The provisions to the Inheritance Act and broadening the definition of what a family is.
The case in Re Beaumont Deceased.
Cases where person who have a very good claim on the estate and should have been included in the will, were not.
The way the Inheritance Act is set up.
The right balance between allowing a will to be contested and allowing the right person to contest a will.
Conclusion.