Family Provision Claims 101
Have you been left out of a will?
If you been left out of a Will of someone close to you or if you believe they haven’t made adequate provision for you, you may be eligible to contest their Will and make what is called a Family Provision claim.
When a person makes a Will they have the freedom to choose who gets what and how they may be provided for. Presuming that their Will meets all of the legal requirements to be a valid Will then this becomes the legal document that determines how their assets are divided up upon their death.
Losing a loved one is a very emotional time and being excluded or inadequately provided for in their Will can add significantly to this grief. Unfortunately, where a Will is legally valid your only recourse may be to contest the Will under the Family Provision legislation on the basis that you have not been adequately provided for.
If you have found yourself in this situation we have set out the steps involved and the process that you might expect when making a Family Provision claim.
When can I make a claim?
Who is eligible to make a claim?
What does the Court consider when making a claim?
How is a claim commenced?
How will my claim be resolved? Do I have to go to Court?
Who pays the costs?
How can Elringtons Lawyers assist you?
If you would like more information in relation to Family Provision claims you are welcome to contact us in either our Canberra or Queanbeyan office to make an appointment or to speak with one of our experienced Solicitors in our Estates team who will be able to assist you.