Family provision applications: a critique

Family provision applications: a critique

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.

This article was first published by Thomson Reuters in the Australian Law Journal and should be cited as Anthony Gray, Family provision applications: a critique, (2017) 91 ALJ 750. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at https://www.thomsonreuters.com.au/en-au/contact.html. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.