A well drafted ‘Will’ can also be contested if one feels that they have been left out of the ‘Will’ or if they have not been adequately provided for their proper maintenance, education and advancement of life. The claim that they have on the estate is called the Family Provision Claim and these claims are very common in the current age of longer life expectancy, divorce, multiple partners, step children and blended families.
The time limit for an individual to apply for the claim is very crucial and is ‘12 months’ within the death of the deceased person, unless the Court orders otherwise.
A family provision claim can only be made by an eligible person as defined in section 57 of the Succession Act 2006 (NSW).
The following are few factors that the Supreme Court considers while accessing a family provision claim;
- If you are an eligible person as defined in section 57 of the Succession Act;
- The size of the estate of the deceased ;
- The applicant’s financial circumstances and needs;
- Financial circumstances and needs of the other beneficiaries;
- Any other provision made for the applicant during the deceased’s lifetime.
- Any other factors that the Court deems fit.
The Court dives deep into the actual “need” for the applicant’s claim in the deceased’s estate in order to lead a comfortable life and that the applicant is not able to meet their financial requirements from the applicant’s own resources.
If you think that you have been left out of a ‘Will’, and would like some advice about contesting an estate (‘Will’), please do not hesitate to contact us on 02 8999 9837 or fill out the enquiry box and we will get back to you ASAP.