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Conditions for the exercise of the court's power to make provision for dependants

Conditions to be satisfied by an applicant seeking provision under a will under Section 13(1) of the Wills Act (Act 360)

Need for a testator to make reasonable provision for his dependants and effect of failure to do so

Principles for determining whether the provision to a spouse is reasonable and adequate

The test for determining an application for the provision for dependants

Time within which an application under section 13 of the Wills Act (Act 360) must be made

What a party claiming under Section 13 of the Wills Act 1971 (Act 360) must prove

What a spouse claiming provision under a will under Article 22 of the 1992 Constitution must prove

What the court must consider in an application for the provision for dependants under Section 13(1) of the Wills Act (Act 360)

When a dependency may arise under the Wills Act (Act 360)

Whether a child above the age of 18 years qualifies as a dependant under the Wills Act (Act 360)

Whether a wife ceases to be a dependant because the husband refuses to perform his obligation

Whether an action under section 13 of the Wills Act (Act 360) must be commenced by filing an application

Whether reasonable provision can be ordered in favour of a child above 18 years of age

Whether the age limitation on children with regard to provision for dependants applies to a child who has suffered physical and mental disability from birth

Whether the grant of an application under section 13(1) of the Wills Act (Act 360) is premised only on the fact that he/she was a spouse and was not mentioned in the testator’s will

Whether the power granted to a court to make reasonable provision from the estate of a deceased spouse to a surviving spouse clothes the court with authority to rewrite the will of the testator

Whether the provision in Article 22(1) of the Constitution, 1992 requiring the testator to make provision for his spouse applies only where the marriage was thriving or peaceful

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