Adequate Provision - Contesting A Will

Section 59 (1)(c) is a legal way for an eligible person to contest a will if it fails to make adequate provision for the proper maintenance, education or advancement in life of that person.

As such "adequate provision" is a term that is important in this context. Decided cases suggest that what we are talking about is sufficiency rather than generosity. Clearly, the community would not want a court to "alter" a will because it lacks generosity instead society is interested in making a provision where the  will lacks sufficiency.

Given that the court will exercise its discretion in accordance with its understanding of community attitudes a degree of conservatism is called for.

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