What Does "Proper" Mean When Contesting A Will?

Section 59(1)(c) of the Succession Act talks about eligible persons being able to challenge a will that fails to make "adequate provision for the proper maintenance, education or advancement in life of the person".

"Proper" in this context really means all of the circumstances including: the applicant's age, gender, condition and the competing claims in the estate. Additionally, it may refer to the standard of living the applicant enjoyed and perhaps also any promises made by the testator during his or her lifetime that the applicant relied upon to his or her detriment.

Clearely, the applicant here needs to be in a position where there is some kind of need that he or she cannot meet from their own resources and finances.

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