The Age of the Applicant

Another factor that needs to be considered under section 60 (2), for the purposes of challenging a will, is the age of the applicant at the time when the application is considered by the court.

If the applicant is young and dependent upon the deceased's estate then that would weigh in favour of the applicant. On the other hand an application by an adult child is somewhat more complex in a contested will case.

If an adult child has not been adequately provided for by the deceased then the court may very well consider that person to be a natural recipient. Moreover, cases have shown that there is a community expectation that parents will to the best of their ability raise, educate and even assist with tertiary education or perhaps the giving of a deposit for a home (with funds permit).

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