In this article, we examine the legislation and review some of the factors the courts consider relevant in deciding whether the disinheritance should be permitted.
Section 5 Wills Variation Act: Reasons for Disinheritance
model of enquiry used in examining the disinheritance of a child was set out in Bell v.
In doing so, the appeal court held that the weight accorded to the reasons for disinheritance depends on their accuracy and not by whether the reasons were morally acceptable.
Disposable portion represents that portion of the inheritance de cujus that exceeds to the partible inheritance and that the defunct can freely dispose of, including donations, legacy and disinheritances.
As it was stated, "the limits of disposing in a free way represents a protection for the sufferings and human actions that could compromise, through the disinheritance of the children, the force and family balance" (3).
1) Claim of disinheritance of legal heirs enclosed in a will is not available but in the limits of the disposable portion of estate (T.