Wills & Estates
Disputes - People left out of a Will
Have you been left out of a Will or received less of an entitlement than you think you are entitled to? Are you entitled to make a Family Provision Act Claim?
In order to be successful you need to satisfy a number of criteria. Firstly, you need to be an ‘eligible’ person within the definition contained in the legislation. We can assist you to identify whether you are an eligible person.
Determining a family provision claim involves a two-stage process, that is, deciding whether you have been left without adequate provision for your proper maintenance and support and if the answer is ‘yes’ deciding what provision ought to be made.
At the first stage, various factors must be considered, including what an appropriate level of maintenance for you would be taking into account your financial position, the value of the estate, your relationship with the deceased and also their relationship with others. These factors must be seen in the context of your particular circumstances.
You only have a limited time to make your claim. You must commence proceedings by filing a Summons and paying the filing fee to the Supreme Court on or before 12 months from the date of death or your claim may be lost forever.
We can assess your potential Family Provision Act Claim and help you to run your case. In certain circumstances you may be able to reach an amicable settlement with the estate which may prevent you having to file proceedings in the court and we can assist you to determine what an appropriate settlement would be in your circumstances.