The law allows certain people to challenge a will with a family provision claim if they have been left out of the will or have not received an adequate gift under the will. The Succession Act 2006 – Chapter 3 sets out the list of people who may make a claim against the estate or will and the circumstances in which they can make a claim.
If you have been left out of a Will or are defending a family provision claim, contact us now for a no-obligation discussion about your matter.
The Succession Act 2006 sets out at section 57, a list of people, called ‘Eligible Persons’ who may make a claim:
The Court may make a family provision order, generally, an order that the person making the claim is entitled to more of the deceased’s estate if the Court considers that the Eligible Persons has not received an adequate amount from the estate for their proper maintenance, education or advancement in life. If the Eligible Person is not a spouse, de facto spouse or child of the deceased persons, the Court must also consider all the circumstances and decide that there are factors that warrant the making of the claim.
A family provision claim must be made within 12 months from the death of the willmaker.
In special circumstances, the Court may extend the time for making a family provision claim beyond the 12 month deadline. The decision to extend the deadline is in the discretion of the Court and the person making the claim will need to show sufficient cause as to why the claim was not made within 12 month period.
If the 12 month deadline is approaching, you should immediately contact a lawyer to commence your claim in order to eliminate any dispute as to whether the Cout should extend the time for your claim.
The Court may consider any matter that it considers relevant to the family provision claim but the Succession Act 2006 brings specific attention to some matters including:
If you want more advice on challenging a will with a family provision claim or defending a claim, contact our experienced will dispute lawyers.