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Project Description

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.

The Every Player Wins a Prize Project has been carried out by Frances Hannah and Professor Myles McGregor-Lowndes.

Project Results

The results of the Every Player Wins a Prize Project are available via:

Eratum: On page vi, lines 2-4 of the paragraph entitled 'Moves to reform the law of family provision' should read: "The uniform bill recommends that applicants as of right be limited to spouses, de facto spouses (which may include same sex partners at the discretion of the states), and minor children under 18 years".

A series of CPNS Current Information Sheets related to family provision applications and bequests to charity are also available:

Note: The Succession Act NSW amendments referred to in the report and the current information sheets were passed on 21 October 2008 with a commencement date to be announced.

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