A contract not to revoke a will
A contract not to revoke or alter a will is valid. The Court will restrain the disposal of the estate property in violation of the contract or award damages to the beneficiary named in the will revoked.
Artificially conceived children
The husband or de facto husband of the woman bearing the child is irrebuttably presumed to be the parent of the child provided that he consented to the procedure. Similarly there is an irrebuttably presumption that the donor of the sperm other than the husband or de facto of the woman is not the father of the child. Similarly the woman who donates the ovum, there is an irrebuttably presumption that she is not the mother of the child.
What is “bona vacantia”?
“bona vacantia’ means unclaimed goods. In wills and estate law it is referred to when a deceased person dies leaving no will. When all classes of relatives is exhausted under intestacy law the funds go to the state bona vacantia. A non relative can make an application to the crown solicitor who may wholly or partly waive the states rights and pay in favour of a dependant. Application are based upon a just or moral claim and the decision is entirely at the states discretion via the crowns solicitor.
So called “illegitmate children”
All persons whether legitimate, ex-nuptial or adopted are of equal status.
A conditional will
A conditional will is of no effect if the condition is not fulfilled. A conditional will must not be confused with a conditional gift which is quite different because the result of a conditional gift will probably not render the will invalid.
Precatory words in a will
Precatory words are words of recommendation, request, wish or expectation and are not binding.
A Will only by a person of sound mind
A will or codicil may only be made by a person of sound mind, memory and understanding or by a person of unsound mind during a lucid interval in which case the burden of proof is on the party alleging the lucid interval.
Contesting a will by a grandchild
A judge held that a grandchild must show that the grandparent assumed a direct responsibility for the grandchild’s maintenance and support, which cannot consist of occasional gifts but must be of such regularity and significance that it demonstrates that the grandparent had assumed a continuing and substantiate responsibility for the grandchild’s maintenance and support.
More on “dependancy”
Contesting a wil and dependancy.Dependence is a reliance on the earnings or services of the deceased for support. For example, a mothers services to a young child. A judges decision was that the provision of such services cannot be regarded as valueless.
Contesting a will and “factors warranting”
Factors which warrant the making of the application are those factors which give the applicant “the status of a person who would generally be regarded as a natural object of testamentary recognition by a deceased”. Usually applies to someone other than a spouse or child.
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