Family provision claims can often be complex and emotionally charged legal matters that arise after a loved one’s death. These claims allow certain individuals to seek further provision from the deceased persons estate, even if they were not adequately provided for in the Will.
The Basics of Family Provision Claims
Family provision claims, also known commonly referred to as “contesting a Will”, are legal actions brought by individuals who believe they haven’t been fairly provided for in a deceased person’s Will.
When someone passes away, their Will is meant to distribute their assets and estate to their chosen beneficiaries. However, there are instances where close family members or dependents may feel that they’ve been unfairly excluded or inadequately provided for in the Will. This is where family provision claims come into play.
Family provision claims aim to ensure that people who have a rightful and genuine need for financial support are adequately provided for after someone’s death. These claims seek to rectify situations where a person’s last Will unfairly excludes or does not adequately provide for close family members or dependents.
By allowing family provision claims, the legal system recognises the importance of ensuring that individuals who were financially dependent on the deceased or have a legitimate need for support are not left in a vulnerable position.
These claims serve as a safety net to protect family members and dependents who may have relied on the deceased for financial stability or who have been left in difficult circumstances due to the terms of the Will.
Who Can Make a Family Provision Claim?
Family provision claims can be made by various individuals, including spouses, de facto partners, children (including stepchildren), and grandchildren. In some jurisdictions, other dependents such as former spouses, parents, and individuals being supported by the deceased may also be eligible to make a claim.
It’s important to note that making a family provision claim does not guarantee success. The Court will consider various factors, including the financial needs and resources of the claimant, the size of the estate, the relationship between the claimant and the deceased, and any competing claims from other beneficiaries.
Factors Considered in Family Provision Claims
When assessing a family provision claim, the courts consider various factors to determine whether further provision should be made from the deceased person’s estate:
- The Claimant’s Financial Circumstances
The claimant’s financial circumstances are a significant consideration in family provision claims. Factors such as the claimant’s income, assets, debts, and living expenses are considered to assess their genuine need for financial support.
- The Size of the Estate
The size of the deceased person’s estate is also an important factor in family provision claims. A larger estate may provide more room for further provision without unduly impacting other beneficiaries.
- The Relationship between the Claimant and the Deceased
The nature and strength of the relationship between the claimant and the deceased person are relevant in family provision claims. Courts consider factors such as the duration of the relationship, the level of dependency, and the deceased person’s obligations towards the claimant.
- The Potential Outcomes of a Family Provision Claim
Family provision claims can have various outcomes, depending on the specific circumstances and the court’s decision.
- Successful Claims and Their Impact
If a family provision claim is successful, the court may order that additional provision be made from the deceased person’s estate in Favor of the claimant. This can involve monetary sums, property, or other assets.
It’s important to remember that each family provision claim is unique, and the outcome depends on the specific circumstances and the discretion of the court. If you require assistance with a family provision claim or have questions about an estate planning matter – contact our team today.
