What orders does a court make after successfully contesting a will

Published 29 Dec 2015

Author: Garbis Kolokossian

We at GMP Contesting a Will Lawyers, pride ourselves on representing clients to contest wills, make family provision claims, and represent their interests when there is a will dispute.

Generally speaking, matters settle two ways, by deed (contract) or by order of the court. In this paper we will focus on the orders that a Court makes at the resolution of a matter either by settlement or at the end of a hearing.

Generally speaking after you have successfully contested a will, the court will make orders by specifying the person or persons for whom provision is to be made, the amount and nature of the provision, the manner in which the provision is to be provided, the part or parts of the estate out of which it is to be provided, and any conditions, restrictions or limitations imposed by the Court.

Many of our clients enquire on how family provision order payments must be made. These can come in a variety of ways. The Succession Act specifically notes that:

A family provision order may require the provision to be made in one or more of the following ways:

(a) by payment of a lump sum of money,

(b) by periodic payments of money,

(c) by application of specified existing or future property,

(d) by way of an absolute interest, or a limited interest only, in property,

(e) by way of property set aside as a class fund for the benefit of 2 or more persons,

(f) in any other manner the Court thinks fit.

It is clear, that the Court can be flexible and will not interfere in an arrangement between parties so long as it is transparent, unambiguous and enforceable.

We at GMP Contesting a Will Lawyers have negotiated various payment arrangements in favour of our clients after we have successfully contested wills and made family provision applications.

We are confident that we can assist you and provide you with advice with respect to contesting a will generally and more important ensure the resolution of the matter is achieved in a manner that suits your needs.

If you require any further information on the nature of family provision application orders, or more broadly require advice on how to contest a will, please do not hesitate to contact our office on an obligation free basis. We are certain that we can assist you with your enquiry.

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