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Unfair Wills

If you have been left out of a Will, or you believe that your entitlement to an estate is inadequate, you may be able to ask the Court to increase your share of the estate by way of a family provision claim.

A family provision claim can only be made by an eligible person. The eligibility rules vary between states and territories, but the deceased person’s spouse and children are the most common applicants for family provision.

In deciding whether to make an order for further provision, the Court will take into account a range of factors including the nature and history of your relationship with the deceased, the size of the estate and your needs and financial resources.

If you believe you have been treated unfairly in an estate, we can advise you on whether you are an eligible applicant, provide you with an expert assessment of the strengths and risks of a potential claim and guide you through the family provision process.

Time is of the essence in family provision claims. In the ACT, a family provision claim must be started within 6 months from the date probate is granted. In NSW, a family provision claim must be started within 12 months from the date of death. If you are considering making a family provision claim, it is in your best interests to obtain expert advice without delay.

If you make a family provision application, you will need to provide evidence about your claim by way of an Affidavit. We will work closely with you to prepare your Affidavits and ensure all relevant details about your claim are put before the Court.

Many family provision cases are settled through negotiation and the Court usually requires the parties to attend mediation before a hearing in Court.

As specialists in estate law, we combine high-level technical knowledge with strategic thinking to help you navigate through negotiation, mediation and court processes. We take a holistic and client-centered approach to estate disputes that ensure we understand your objectives, identify potential risks and advise you on your options at every step.

If you need any assistance contact one of our lawyers at [email protected] or call 02 6140 3263 for a no-obligation discussion and for expert legal advice.