How can I expedite a family provision claim?

Published 11 Jul 2017

Family provision claims are a legal process designed to help you contest the will of a loved one if you feel they have not left you sufficient assets from their estate.

Taking your case before a judge can be a lengthy and expensive endeavour, but not everyone is looking to have their day in court. Instead, you may be looking to settle your claim quickly to minimise the stress and potential family strain that a will contestation can cause.

Here are some of the ways you can prevent your claim from dragging on longer than necessary.

Hire the best legal team

It is crucial to find a legal firm that specialises in inheritance disputes, as they will be aware of all the relevant legislation, administration and processes that must be undertaken to proceed with a claim.

As soon as you are considering contesting a will, contact an experienced lawyer at a firm like Gerard Malouf & Partners for a free consultation. They can get everything in place to ensure your claim can go ahead immediately if you decide to pursue further provisions from an estate.

Gather evidence quickly

Your lawyer will be responsible for collecting all the necessary evidence and presenting it in the appropriate forum, whether that's a settlement meeting, mediation or court hearing. 

However, they will likely require information from you, so the speed and accuracy with which you pass on what they need could have an effect on how quickly your case is resolved.

Agree on a settlement

There are a number of steps in a family provision claim before the matter goes to court. These include the settlement and mediation phases, whereby your lawyer and the legal defence for the estate's executor try to negotiate an agreement with which both parties are happy.

Early settlements are the quickest and most affordable option, but you will not have access to all the information about the estate that you might need to make an informed decision. Mediations are a more structured negotiation process where you should have a list of all the assets within the estate and their value, but you may have to pay more in fees over time. 

Are you considering pursuing a family provision claim? Gerard Malouf & Partners Will Dispute Lawyers can help you every step of the way, so get in touch today to learn more about our no-win, no-fee services.

  • NSW Offices
  • North Parramatta
  • Sydney
  • Penrith
  • Ryde
  • Blacktown
  • Liverpool
  • Chatswood
  • Campbelltown
  • Erina
  • Newcastle
  • Wollongong
  • Ballina
  • Tamworth
  • Wagga Wagga
  • Miranda
  • Rockdale
  • Baulkham Hills
  • Bondi Junction
  • Mudgee
  • Tweed Heads
  • VIC Offices
  • Melbourne
  • QLD Offices
  • Brisbane
  • Bundall
  • ACT Offices
  • Fyshwick
Phone 1800 004 878 to book a free appointment