Firstly, eligibility of the person making the family provision claim needs to be established. Once this is confirmed, the legal test applied to family provision applications is as follows:
Whether adequate provision has been provided for the applicant’s proper maintenance, education and advancement in life under the Will of the deceased. In cases where there was no Will, the court will determine whether adequate provision has been provided for the applicant under the rules of intestacy; and
If any provision ought to be made from the estate in favour of the applicant.
All relevant circumstances will be examined by the court. The below factors will be considered:
The location and value of the deceased person’s estate
The relationship between the deceased person and the applicant
The applicant’s financial circumstances, which include considering their current and future financial needs
The health and financial circumstances of the beneficiaries of the estate
Whether the applicant has any mental, intellectual, or physical disabilities.