What is a Family Provision Claim?
In Australia, the law provides certain people with the right to make a claim against an estate when they feel they have not been adequately provided for. This type of claim is known as a “family provision claim”. It is important to understand what a family provision claim is in order to determine if you have the right to make one.
A family provision claim involves making an application for additional financial provision from the deceased's estate after their death. Generally, this type of application can be made by spouses, children (including adopted and step-children), or even dependants of the deceased who feel that they have not been adequately provided for in the Will or testamentary disposition of the estate. The court will then assess these claims on a case-by-case basis, taking into account factors such as the size of the estate, the relationship between the applicant and deceased, and any other considerations relevant to determining whether or not additional financial provision should be awarded.
The process begins with filing an application in your local court registry. You must provide evidence that proves your relationship with the deceased and why you believe you are entitled to make a family provision claim. The court may also ask for information regarding the deceased’s assets and liabilities at the time of death, as well as any potential beneficiaries named in their Will. Once all documentation has been submitted, it is up to the court to decide if your claims are valid and if so, what amount (if any) should be awarded as additional financial provision from their estate.
In some cases, it may be possible to avoid going through lengthy legal proceedings by reaching out-of-court settlements with other potential claimants before filing an official application in court. This can help save time and money on legal fees associated with attending hearings and arguing your case before a judge. However, it is important to note that any agreements reached outside of court are not legally binding until approved by a judge – so it is always best practice to seek professional legal advice before making any final decisions about settlement agreements or pursuing litigation through official channels.
Takeaways
Making a family provision claim can be complex and time consuming but understanding how these types of claims work can help individuals who feel they were inadequately provided for in someone’s Will determine if they have grounds for making one against their estate. If you think you may have grounds for a family provision claim then it's best practice to speak with an experienced lawyer who so they can advise you on how best to proceed with your application accordingly.