A family provision claim is an application to the Court to gain access to a part or all of a deceased person’s estate, and is part of challenging a will, a grant of Probate or a grant of Letters of Administration.

When you are able to make a family provision claim:

• If you are an ‘eligible person’
• You have been left out of a will either accidentally or on purpose
• You did not inherit what you thought you were entitled to receive
• You file to the court within 12 months of the date of death
• You do not need to obtain a grant of Probate or a grant of Letters of Administration prior to making an application for family provision

Eligible people

• Wife or husband of the deceased
• De facto partner of the deceased, including same-sex couples
• A child, including an adopted or step child of the deceased
• A former wife or husband of the deceased
• A person who was at any time fully or partially dependent on the deceased, and who is a grandchild of the deceased or was at that particular time a member of the same household as the deceased
• A person in a very close relationship to the deceased at the time of their death

If you believe you have a right to claim on family provision laws, you will need a lawyer. Talk to Vanessa Ash and Associates for legal advice.

What the court looks at for your family provision claim

• The relationship
• Obligations and responsibilities of the deceased
• The value of the deceased estate
• Financial circumstances of the applicant, both current and future
• The applicant’s situation, age, character and capabilities
• Cultural laws
• Other estate claims
• Any other relevant information

Call Vanessa Ash and Associates for advice on where you stand legally.