For example, the Provision for Dependants Act ensures that a dependant spouse or children are provided for. Therefore, if you wish to disinherit certain individuals, you should be aware that where inadequate provision has been made for the proper maintenance and support of a dependent, the court may make an order for adequate provision out of your estate.
Likewise, the Marital Property Act will operate to grant a spouse the deceased partner's interest in the marital home, as well as a one-half interest in all other marital property. These provisions are effective irrespective of whether or not it is held in one spouses' name alone.
In addition, if there has been a family breakdown and separation, and a domestic contract is in force, it is important to recognize that the obligations incurred by virtue of that agreement cannot be avoided by means of a will.
Another relevant statute is the Family Services Act, which indicates that a Court may order that the liability for support continues after the death of the testatrix and becomes a debt of his or her estate for such period as is fixed in the order.
