Is a contract or deed whereby each party agrees not to contest each other’s will enforceable? Examples of why these situations may arise include: a child is paid their share of inheritance in advance, family members become estranged, partners separate, stepchildren may be involved.

Assume the best-case scenario, whereby each party has independent legal advice and the deed clearly states that each party, although eligible, will not pursue a claim on the other’s estate, thereby releasing their eligibility to contest.

Even with a well-drafted deed, without the Court’s approval, it is not binding.

It is important to note that the Court takes the following 4 key factors (s95 Succession Act) into account when asked to approve a deed of release:

                1. Is the release to the financial advantage of the releasing party?
                2. Is it prudent for the releasing party to make the release?
                3. Are the terms of the release fair and reasonable?
                4. Has the releasing party considered independent legal advice?

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This article is intended to be for information and educational purposes only and cannot be relied upon as legal advice. The information may not apply to your circumstances or to your particular situation. If you need specific advice or you have any questions, we welcome you to contact us directly.