THE FAMILY AND TESTATE SUCCESSION – WILLS

In some cases, in an attempt to resist any challenge to the will, the testator can state that they considered the person/persons, and he is leaving a dollar to them or nothing at all. Note, however, certain defined persons by statute can challenge the will by invoking The Family Dependants Provisions Act (FDPA 1990). The FDPA grants jurisdiction to the court to alter the deceased’s estate to make an order for reasonable financial provision. The Act’s short title describes it as “An Act which empowers the Court to make provision out of the estate of a deceased person for the spouse, child, child of the family or dependant of that person and for matters connected therewith.”

What to do with the will after it is duly executed?

After executing a valid will, the testator has the option to either keep the will in a safe place at home; lodge the original will with the lawyer who may have prepared it and keep copies for himself; or lodge the original will at the Probate section of the Supreme Court Registry for 

safekeeping. In the event a dispute is anticipated, the latter option may be the most prudent.

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