In the matter of Clarke v Clarke, a widow succeeded in her claim for family provision against the two children of the deceased. Background The widow was the second spouse of the deceased. The deceased had two children from a … Continue reading Balancing the wants of the widow against children’s entitlement
In a decision mid-last year, the Court overturned a will due to undue influence on the testator and a concern that the testator lacked testamentary capacity at the time it was executed. These are traditionally difficult cases to prove, however … Continue reading Will overturned but at what cost?
The Court recently ordered that a life interest in a property be made a flexible life interest by way of a ‘Crisp’ order. Facts The deceased had prepared a will that left everything to his only child from his first … Continue reading Life Interest Not Enough
Adult son successful in claim against Estate after suffering significant change in his health after the deceased’s death. Continue reading Son’s changing needs after father’s death results in successful claim
A recent family provision claim made on behalf of a minor child was unsuccessful. The child was the result of a brief relationship, and it appears that the decision to maintain the pregnancy caused the relationship to breakdown irretrievably. The … Continue reading Minor child unsuccessful
