A CHARITY CASE? THE IMPACT OF FAMILY PROVISION CLAIMS ON CHARITABLE BEQUESTS

This article explores the evolving landscape of family provision claims in Australia and the intricate balance between testamentary freedom and familial moral obligations, particularly where bequests to charitable beneficiaries are concerned. Drawing on Australian and United Kingdom common law, this article examines the judicial interpretation of familial moral duty in the context of family provision claims. The analysis highlights the challenges faced by charitable beneficiaries in defending their entitlements against family provision claims,
emphasising the need for a nuanced approach. Through a comparative lens, it contrasts the principles governing testamentary freedom and moral claims in different jurisdictions. Ultimately, the article advocates for a re-evaluation of the current legal framework, urging courts to prioritise testamentary freedom and acknowledge the societal importance of charitable contributions. By analysing these complex dynamics, the article contributes to the ongoing discourse on succession law, offering insights into the intersection of legal principles and societal expectations.