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Family provision – who is eligible to claim from a deceased estate?

family provision, eligibile person, will, deceased estate, challenge a will, contest a will, In succession law the court has discretionary power under family provision legislation to order provision from a deceased person’s estate to “eligible” applicants and in certain circumstances. It is not automatic.

The legal rules were introduced to remedy situations where willmakers failed to leave adequate provision for close family and certain other dependents as defined. It is not for second bites at the cherry. The court has wide power in deciding who pays costs of proceedings.

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Updating a will to avoid unintended outcomes

 

the importance of updating a will, why update a will, consequences if a will is not updated,

Updating a will might seem a troublesome chore, but circumstances can change from the time it was made. The changes might produce unintended and unwanted outcomes in the event of death. Therefore reviewing a will is important to keep its contents in line with intentions.  Regularly reviewing your will is important so it reflects your intentions.

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Per stirpes meaning & per capita in deceased estates

per stirpes, per stirpes distribution, meaning of per stirpes, meaning of per capita, estates, deceased estates, deceased estate distribution, estate distribution, meaning of per capita, per stirpes,

 

Per stirpes (Latin, meaning by the stock) and per capita (by the head) are ways in which a person’s estate can be distributed among their descendants.  They are terms referring to the different ways of distributing property among a group or class of people.

Issue and children in wills

 

the meaning of issue in wills, deceased estates, the legal term issue, children, descendants, offspring

Language can be confusing. The way that certain words are used in a will may cause difficulties in interpreting what the willmaker actually meant, but unfortunately may not come to light until they have passed away. Two such words are “children” and “issue”.

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