If you have received notice of a Family Provision Claim or proceedings commencing a Family Provision claim, that means that someone has sought to dispute their entitlement (or lack of entitlement) stipulated under the Will of a deceased person. In this short article, we will give you an overview of what this all means.
What is a Family Provision Claim?
In brief, a Family Provision claim is brought by an eligible person pursuant to Chapter 3 of the Succession Act 2006 (NSW) against the estate of a deceased person. A family provision claim may be brought regardless of whether the deceased left a will or died without leaving a will (that is, died “intestate”.)
What is an Eligible Person?
An eligble person is defined in section 57 of the Succession Act as someone entitled to bring a claim against an estate. Eligible persons include:
- A husband or wife of the deceased;
- A de facto partner of the deceased;
- A child of the deceased;
- A person with whom the deceased was living in a “close personal relationship”; or
- A person who was at any time wholly or partly dependent on the deceased person and was at anytime a member of the same household of the deceased.
The final category is broad and may include grandchildren of the deceased, former de facto partners or former partners. However, being eligible to bring a claim does not mean the claim will be successful. In order to find out more about the prospects of success of a potential claim please contact our Will and Estate team.
Why did I receive notice of proceedings?
You likely received a notice because the person or persons described as “Plaintiffs” brought a claim against the deceased estate and you are either (a) an eligible person, (b) a person entitled to part of the estate (either under a will or under intestacy) or (c) a person holding property of the deceased as a trustee or otherwise.
What should I do?
It is important to speak to an independent lawyer with expertise in Will Disputes/Family Provision Claims. It may be that you should bring a claim or that you may need to raise your financial circumstances as your entitlement under the will may be at risk of being diminished.
Contact the Will & Estates Team at Langham Lawyers for a Free Case Assessment
Telephone: (02) 8006-1596
Email: irma@langhamlawyers.com.au