How do I know if I have a Family Provision claim?

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:

• wife/husband
• de facto partner who was living with the deceased at the time of the deceased’s death
• child
• former wife/husband
• person who was at any particular time dependent on the deceased person AND who is a grandchild of the deceased, or was a member of the household of which the deceased person was a member.

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 contact our experienced team.

Turnbull Hill Lawyers, and specifically Adrian Corbould and Mary Windeyer, have been named in the prestigious 2022 Doyles Guide. Both were also listed in the 2021, 2020, 2019 and 2018 guides.