Wills Variation Claims (16:VII): Difference between revisions
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Wills Variation Claims (16:VII) (view source)
Revision as of 03:23, 14 October 2022
, 14 October 2022→C. Exclusion of Potential Beneficiaries
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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'''. | ||
As per section 60 of ''WESA'', the court is not bound by the will-maker’s decision and reasons but may consider them. Therefore, the will-maker is not assured of success in their attempt to exclude or less than adequately provide for a spouse or child. For more detail, see above: | As per section 60 of ''WESA'', the court is not bound by the will-maker’s decision and reasons but may consider them. Therefore, the will-maker is not assured of success in their attempt to exclude or less than adequately provide for a spouse or child. For more detail, see above: [[Wills_Variation_Claims_(16:VI)|Section VI.A: Application Under the Act]]. | ||
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 their 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 their 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. | ||