If a family provision application is successful do all the beneficiaries named in the will just get less?

• This depends on the court’s decision or the agreement made by the parties.
• For example if the claimant is added as another beneficiary but the court does not prescribe where the money is to come from then this will have the effect of diluting each residuary beneficiary’s portion given to them in the will.
• If the court orders that a particular asset is to pay for the claimant’s portion then the beneficiary who was to receive that gift under the will must either miss out or receive less.
• The court will take the impact of this into consideration when making its decision.