Estate Litigation Disputes – Testamentary Intent & Trial
One of the central issues in many estate litigation disputes centers around a specific question: what was the testator’s intent? Section 58 of the Wills Estates and Succession Act provides potential with a useful tool to cure defects in a will and to ensure that the testator’s last wishes get fulfilled even if they are some issues with respect to …Read more →
Using Notional Separation in WESA – Part 2
Notional separation can be useful tool in determining the legal duty owed to a spouse who is not adequately provided for in their deceased spouses will. In part 1 of this blog series, we reviewed the principles behind using the tool of notional separation as a way to measure a spouse’s entitlement in an estate litigation case. What is Notional …Read more →
Using Notional Separation in Wills Variation Actions
What is Notional Separation in Wills Estates and Succession Act (WESA)? The Wills Estates and Succession Act provides spouses and children with the ability to challenge the will of a deceased spouse or parent if they believe that they have not been adequately provided for. In the case of the spouses, one tool that the Courts have used in determining …Read more →