Research report

Every player wins a prize? Family provision applications and bequests to charity

11 Nov 2008

In recent years challenges to charitable bequests by testator's family members have become more common in Australia. Courts are vigorous in upholding proper family provision as against charitable bequests, portraying this provision as based on moral obligation.

The Every Player Wins a Prize Project deals with the interaction of family provision law and charitable bequests in wills, including qualtitative research relating to the practical issues arising with both legal practitioners and charities' bequest officers. More specifically, the research aimed to:

1. examine the operation of family provision law, and the interaction between family provision law and the freedom of a testator to leave a bequest to charity in a will;
2. investigate family provision practice through interviews with practitioners and representatives of charities; and
3. suggest to charities how best to deal with family provision applications which might otherwise deprive them of bequests in wills.

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