Court Determined Outcome

If mediation is unsuccessful, the matter may be heard by the court. The court will first determine whether or not the plaintiff is an eligible person. If they are, then the court process has two stages.

First Stage:

The court will resolve the question of whether or not a family provision order should be made. The court will determine whether or not ‘adequate provision’ has been made by considering:

  • Any relevant factors in the plaintiff’s financial and social circumstances; and
  • The relationship between the applicant and the deceased; and
  • Relationships that any other potential applicants may have with the deceased.

Second Stage:

The court will resolve the question of what the plaintiff should get by way of Court order. The court will decide what to award the applicant by reconsidering the factors it considered in stage one..

An applicant may be successful in the first stage but not receive anything in the second stage.

For more detailed information see our Two-Stage Process Information Sheet here (link)

Contest a Will

Complete the form below to Contest a Will



Defend a Will

Complete the form below to Defend a Will