Your will sets out how your assets are to be distributed after you die. How much each beneficiary receives normally cannot be changed. One exception is if the court is persuaded that a wise and just will maker would have done otherwise.
A father had made several wills over the years. His final will was significantly different to his earlier wills. Instead of giving his son the whole estate, he divided it evenly between his son and his grandchildren. So instead of getting $500,000, the son received $100,000. The son argued that this was unfair, given his financial needs and close relationship with his father. The son was 69 years old and near retirement.
The son argued that he should get three times the amount. The amount he was to receive was not adequate for his maintenance and advancement in life. He highlighted that he had financial difficulties and a mortgage. Without further provision from the estate, he would have to use his retirement funds. He was a loving son throughout his fathers’ life.
The lawyer who drafted the will gave evidence in court that the father had made a fair and thought-out decision. The father had given sufficient financial assistance to the son throughout his lifetime. The distribution of the estate was reasonable and considered the needs of all the beneficiaries.
The Court increased the amount given to him by an amount sufficient to pay his mortgage. The court decided that a wise and just will maker in the father’s position would have done this. This doubled the amount given to the son.
