Difference between revisions of "Wills Variation Claims (16:VII)"
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'''A Will-maker who wishes to exclude a spouse or child should state precisely why the person is being “disinherited,” or why they are less than “adequately” provided for. LSLAP’s policy is not to draft a will where the Will-maker wishes to exclude a spouse or child, or unevenly divide the assets between children. Such clients should be referred to a private lawyer, unless the supervising lawyer gives approval.''' | '''A Will-maker who wishes to exclude a spouse or child should state precisely why the person is being “disinherited,” or why they are less than “adequately” provided for. LSLAP’s policy is not to draft a will where the Will-maker wishes to exclude a spouse or child, or unevenly divide the assets between children. Such clients should be referred to a private lawyer, unless the supervising lawyer gives approval.''' | ||
The court is not bound by the Will-maker’s decision and reasons, but will consider them. Therefore, the Will-maker is not assured of success in his or her attempt to exclude or less than adequately provide for a spouse or child. For more detail, see above – Part A. | |||
The chances of the Will-maker’s Will being upheld will be greater if the Will-maker provides '''reasonable and rational reasons for the exclusion'''. For example, where the Will-maker has already given the person substantial benefits during her or his lifetime, where the reason is based upon the person’s character, or on the relationship between the Will-maker and the potential claimant, the court will be more likely to uphold the Will-maker’s wishes. | The chances of the Will-maker’s Will being upheld will be greater if the Will-maker provides '''reasonable and rational reasons for the exclusion'''. For example, where the Will-maker has already given the person substantial benefits during her or his lifetime, where the reason is based upon the person’s character, or on the relationship between the Will-maker and the potential claimant, the court will be more likely to uphold the Will-maker’s wishes. | ||