Adequate Provision

Adequate provision is the heart of any family provision claim: the court asks whether the Will (or the intestacy rules) left an eligible person with proper provision for their maintenance, education and advancement in life. There is no fixed formula — the court weighs the applicant's financial need, the size of the deceased estate, the relationship, and the competing claims of other beneficiaries. If provision is found inadequate, the court can redistribute the estate to make it right.

Because the test is discretionary and fact-specific, outcomes vary widely and a small estate may leave little to redistribute even where need is clear. Example: The court decided a modest legacy was not adequate provision for the deceased's disabled adult son and increased his share to cover ongoing care.