Estate Planners: Beware the Dependant Relief Claim

Planning and writing a Will can be a daunting task. Finding good counsel is critical to ensuring that it is drafted correctly and that the “testator’s” (the person who is making the Will) wishes are met upon their death. It may come as a surprise to some that in fact, notwithstanding the Testator’s intentions in their Will, the circumstances that existed prior to their death may serve to override the provisions in their Will. One such circumstance that testators should be aware of is a “dependant relief claim”.

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