Step-grandchildren described as “descendants” and “children”- can they inherit?
If the words “descendants” and “children” are being used to describe beneficiaries in a will, is it intended by that any step-grandchildren are included?
step-grandchildren
Family provision – who is eligible to claim from a deceased estate?
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.