Family provision applications: a critique

Gray, Anthony (2017) Family provision applications: a critique. Australian Law Journal, 91 (9). pp. 750-768. ISSN 0004-9611

Abstract

This paper considers the increasing frequency with which those disappointed with what they were left, or not left, in another's will are successfully challenging the will. The jurisdiction, originally justified on the basis of protecting women and children for whom inadequate provision was made, has been very substantially expanded. The article argues that in so doing, the courts have proven too willing to ignore the wishes of the testator. It argues that the primary importance of the wishes and will of the testator must be re-asserted, the jurisdiction of the court to intervene being seen as exceptional in nature, rather than the norm.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to Published version, in accordance with the copyright policy of the publisher.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 23 Nov 2017 05:37
Last Modified: 09 May 2018 04:25
Uncontrolled Keywords: family provision will testator challenging will
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180124 Property Law (excl. Intellectual Property Law)
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/33121

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