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      What is ‘moral obligation?’

      Quick answer

      If your loved one dies intestate or you wish to contest their will, you must first:

      • Establish that you are an ‘eligible person’ and
      • Prove your relationship to the deceased.

      Once you have met these two requirements, you will then need to show ‘moral obligation’.

      In depth answer

      When the court looks at moral obligation, they are asking whether the deceased was morally obligated to financially provide for your future. This includes maintenance, education and advancement in life.

      On a base level, the court will assume a moral obligation is owed to any children. This includes adopted children and children of a de-facto relationship, provided they were still in that relationship at their time of passing.

      The relationship between will maker and child does not have to be close to meet the standard of moral obligation. There may have been substantial gaps in contact, or little to no contact at all—the court will likely still place an obligation on the deceased.

      If your parent, guardian or loved one has passed away and you have not been (or have been inadequately) provided for in their will, get in touch today. In a free consultation, our dedicated team of family provisions lawyers will clearly outline your options, and help you navigate your claim with empathy and understanding.

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