The Court’s will first consider whether the testator has made an adequate provision for you in your particular circumstances. The Court will consider:
- your financial position, level of education and age;
- the provision made for you in the will (if any);
- the relationship the testator had with you and the other beneficiaries;
- the value and nature of the estate;
- any contribution you have made to the testator’s assets;
- the needs of other family members; and
- any conduct that you have engaged in that may disentitle you to a share of the estate.
If the Court finds that an adequate provision has not been made for you, it will effectively re-write the will so that it reflects what a wise and just testator would have done.