A family provision claim is an application to the Supreme Court for a share, or a larger share, from the estate of a deceased person.
If you do not feel that sufficient provision has been made for you in your loved ones’ Will, then you must file a family provision claim in the Supreme Court within 12 months of the date of death. You can make a family provision claim if you:
- are an 'eligible person',
- have been left out of a will,
- did not receive what you thought you were entitled to receive.
If you are the executor of an estate and a claim for provision or further provision is made against that estate, it is your obligation to uphold the terms of the Will and protect the interests of the beneficiaries. This may mean that you proceed to Court, or it may mean that a settlement is negotiated. It is important to obtain specialist legal advice as to your responsibilities during such proceedings. Rayners Lawyers can provide you with such advice.
Sometimes, the administration of an estate may lead to litigation such as where the executor proving the Will is believed to be proving the wrong Will or that the person proving the Will is not entitled to be the executor. Contested Probate and Administration proceedings are complex and it is important that you receive tailored, specialist advice during such proceedings. Rayners Lawyers can provide you with such advice.
For further information, please contact Kirsty Rayner directly on 0422 33 88 10 or by email [email protected]