How do I know if I have a Family Provision claim?
Written on the 24 November 2017
Have you been left out of a will?
Or perhaps you haven't been left out of a will, however, you don't think that the deceased's will provides you with adequate provisions for the proper maintenance and advancement in life of yourself or a loved one?
If you answer yes to either of the above questions, then this article is for you.
You may have a potential family provision claim.
In order to bring a family provision claim against the estate of a deceased's person, you must be an "eligible person". Only eligible persons may apply to the Court for a family provision order in respect of the estate of a deceased. An eligible person includes:
There is a time limit. A claim must be filed with the Court within 12 months from date of death of the deceased person.
You will also need to show that you have "need" and therefore you should have been left with an adequate provision from the deceased's estate. Please note that your need will be relative to the size of the estate.
If you think that you've been left out of a will and would like some advice about contesting an estate, please call our experienced team at Turnbull Hill on 1800 707 222.