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Where does the money come from if a family provision claim is successful?

  • Any provision awarded to the claimant must come from the estate assets.
  • The court may prescribe which part of the estate is to bear the burden of the provision.
  • For example the court may order that the provision for the claimant be paid from the testator’s bank accounts or that a particular property must be sold to provide the requisition funds.

 

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