Who is eligible to apply for a Family Provision Orders

Published 14 Jun 2016

When a will is read or an estate distributed, it can come as a shock if you find yourself receiving less than what your relationship with the deceased demanded. One way to ensure the will of the deceased is reflective of your relationship is through a family provision claim.

To increase your chance of success, it is important to talk to experts in family provision claims who can ensure smooth legal proceedings.

What is a family provision claim?

The Succession Amendment (Family Provision) Bill 2008, which took over from the Family Provision Act 1982, aims to ensure that eligible people are adequately provisioned. While the first point of reference is always the deceased's will, this is not the endpoint. Instead, all eligible people are legally allowed to seek orders that ensure their futures are properly supplied for.

Under the law, there are a number of people that are legally entitled to seek redress if a will does not adequately provide for them. Those that are eligible include a:

  • spouse, the wife or husband of the deceased;
  • de facto partner, who was living with the person at the time of their passing;
  • child of the deceased;
  • former spouse;
  • person who was wholly or partially dependent on the deceased and living with them at the time;
  • grandchild who was partially or wholly dependent on the deceased; and
  • person who the deceased had a close personal relationship with at the time of their death.

If you are any of the above, you may be able to lodge a family provision claim. For this to be successful, you will need to ensure that you have all your documentation up-to-date. This is where a compensation lawyer comes into it.

One of the most important aspects of a provision claim is that certain time limits apply. An application has to be lodged within 12 months of the deceased's passing. While the applicant may ask the court to waive this and implement an extension period, this does not always happen.

Instead of waiting and hoping the court will grant an extension period, it is much more logical to seek advice and representation from a lawyer experienced in these kinds of claims. At Gerard Malouf and Partners, we offer a no win no fee guarantee that removes any upfront costs. Instead, our lawyer take remuneration from the successful settlement your receive.

If you would like to know more about making a family provision claim, make sure you talk to the experts at Gerard Malouf and Partners today.

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