If you feel you have been unfairly left out of a Will, or have received a smaller share than you believe they are entitled to, you may be able to challenge that Will by making a Family Provision Claim.
What is a Family Provision Claim?
A Family Provision Claim can be made by “eligible” parties if they have been left out of a Will, or have received less than they believe they are entitled to or need.
These “eligible” parties who can challenge a will via a Family Provision Claim include the deceased’s:
- De facto partner,
- Child (including an adopted child),
- Former spouse, and
- Grandchild who was dependent (completely or partly) upon them at any given time.
Other eligible parties include:
- Someone who was dependent (completely or partly) on the deceased whilst living in the same household during that time of dependence, or
- Someone with whom the deceased was living in a close personal relationship at the time of the deceased’s death.
The deceased’s adult children, and those who assisted the deceased (including in the building up of the value of the deceased’s estate), can also be potentially eligible parties.
How do Family Provision Claims work?
Challenging a will questions its validity, whereas contesting a will questions the fairness of its provisions. A Family Provision Claim contests the Will.
Family provision legislation allows a court to overrule the instructions left in a Will, within certain specified grounds.
Any family provision claim must be made to the court within 12 months of the deceased’s death.
The court will consider a number of factors, including:
- The relationship between the deceased and the applicant,
- Any obligations or responsibilities the deceased owed the applicant, and
- The applicant’s financial circumstances, including future financial needs.
PW Lawyers can help
At every stage of a Family Provision Claim, it is vitally important to have sound, experienced legal advice. We have the skills to negotiate on your behalf to avoid costly court fees, but if it comes down to court we also have the skills to fight on your behalf.
Contact us to find out more or to arrange a consultation with an experienced estate lawyer in Lindfield.