The Quality of the Relationship

When it comes to considerations for contesting a will there are a number of factors that the court is required to consider under section 60 (2) including the quality of the relationship between the applicant and the deceased.

Obviously, relationships can be either good or bad (at the extreme ends of the spectrum) or perhaps somewhere in between. It is suggested that a good relationship between the applicant and the deceased may strengthen the likelihood of a will being successfully contested. On the other hand a bad relationship could reduce the chances of a successful family provision claim but certainly isn't determinative if the deceased had a hand in it. There have certainly been some cases where provision was made out of the estate of the deceased even though the quality of the relationship left a lot to be desired.

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