Family Provision Applications

Family Provision Applications

Family Provision ApplicationWhy would you need a Family Provision Application?

If a person dies, with or without a Will and adequate provision is not made for the deceased person’s spouse, child, or dependent, then a Court may make an order for provision that it thinks appropriate under the circumstances, regardless of the deceased’s instructions.

Family Provision Application Suitability

There are several different aspects to contesting a Will and a claim that inadequate provision has been made is one of those. For you to be eligible to contest a Will based on inadequate provision you need to be a spouse, a child, or a dependant and any application for further provision must be made within 9 months of the date of death.

A spouse can be a husband, a wife, or a de facto. The concept of husband and wife needs no further explanation, but what is a de facto? A de facto is one of two persons who are living together as a couple on a genuine domestic basis for a continuous period of at least two (2) years at the time of the deceased’s death.

How do you know if you are living together on a “genuine domestic basis”? If you live in the same house; and have done so for in excess of 2 years; enjoy a sexual relationship; are financially dependent on each other; own property jointly; raise a child or children together; care and support each other; perform household tasks; and are viewed by friends and family as being in a relationship, then you are living together on a genuine domestic basis and have a de facto partner. It is not crucial that all these characteristics be present, but the more that are the more convincing your claim.

A child includes an adopted child and a stepchild. You are a stepchild if your biological parent married another person and their relationship with the deceased did not end before their death.

A dependent is a person under the age of 18, or a parent of a surviving child of the deceased, or a parent of the deceased, who is receiving substantial financial support by a deceased person prior to their death.

A person contesting a Will must be able to prove to the Court, or the Executor that they should have received more than they did. This is much easier, when a deceased person leaves an eligible person with nothing, but not as easy, if a deceased person leaves an eligible person with less than other eligible persons.

If you contest a Will, your own financial circumstances will be examined as well as the estate assets and liabilities. It would be difficult to justify a claim against an estate holding assets of $300,000, when your personal net financial position is $5,000,000.

If you believe that your spouse or parent/step-parent, has left you with insufficient financial support, please contact us for a free consultation and independent legal advice.

About Us

We are an experienced law firm in Gold Coast providing you with the best legal advice in the areas of Family Law, Conveyancing, Personal Injury, Commercial Law, Estate Planning and Traffic Law. Get in touch with us for a free initial consultation