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Difference between revisions of "Wills Variation Claims (16:VII)"
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Wills Variation Claims (16:VII) (view source)
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Desy Wahyuni (talk | contribs) m (Desy moved page Will Variation Claims (16:V) to Will Variation Claims (16A:VI): Changing chapter number from 16:V to 16A:VI based on 2017 revision) |
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== A. Application Under the Act == | == A. Application Under the Act == | ||
WESA gives the court the power to vary a will. '''Only the spouse of the will-maker or the will-maker’s children can commence an action to vary a will.''' However, it should be noted that in the situation of a common law spouses, one spouse can unilaterally terminate a relationship and thereby remove the will from the variation provisions in WESA. On the other hand, for married spouses, the spousal relationship can only be terminated by divorce. Please see Chapter Three: Family Law for more information regarding divorces. The '''limitation period''' for commencing an action to vary a will is '''180 days''' from the grant of probate, per s 61(1)(a). | WESA gives the court the power to vary a will. '''Only the spouse of the will-maker or the will-maker’s children can commence an action to vary a will.''' However, it should be noted that in the situation of a common law spouses, one spouse can unilaterally terminate a relationship and thereby remove the will from the variation provisions in WESA. On the other hand, for married spouses, the spousal relationship can only be terminated by divorce. Please see [[Introduction to Family Law (3:I) |Chapter Three: Family Law]] for more information regarding divorces. The '''limitation period''' for commencing an action to vary a will is '''180 days''' from the grant of probate, per s 61(1)(a). | ||
A wills variation action is commenced by a claim that the will-maker failed to “make adequate provision for the proper maintenance and support of the will-maker’s spouse or children” (WESA, s 60). | A wills variation action is commenced by a claim that the will-maker failed to “make adequate provision for the proper maintenance and support of the will-maker’s spouse or children” (WESA, s 60). | ||