I think I have been left out of a Will…

If you think that you have been left out of a Will, the Will maker may not have made ‘adequate provision’. In these cases the court can step in and make an award from the estate.

A case (Brennan v Mansfield & Ors [2013] SASC 83) was one of the first cases of a will for a person in a same sex relationship. But what makes the decision more interesting is the discussion about what amounts to “adequate provision”.

What is considered to be ‘adequate provision’ is dependent upon a variety of factors including the size of the estate, the terms of the deceased’s will, the nature of the relationship between the deceased and the applicant, other beneficiaries of the estate, the applicant’s financial circumstances and the deceased’s intentions.

If you are wanting to draft or redraft a will or you believe that you have been left out of a will contact one of our estate planning lawyers today.