Family Provision Claims
The basic concept of making a Will is that you have the right to give your property to whoever you like. However, the Succession Act 2006 (NSW) allows certain people to make a claim against your estate if they have been left out of your Will, or are unhappy with the amount that they have been left.
Family Provision Claims arise when a family member or other eligible person can prove to the Court that at one time or another they depended on the deceased and provision should have been made for them out of the estate. Given the increase in changing family dynamics, Family Provision Claims are on the rise.
A successful Family Provision Claim means that the Court has the power to order that a part or the whole of the estate be distributed to the claimant. This means that even if you make a Will, it is still possible for the Will to be challenged after your death by eligible claimants.
If you anticipate that a Family Provision Claim is likely to be made on your estate, we can discuss the possible ways of reducing the chances of this happening by reviewing your present circumstances.
This is a complex area of law whether you are a claimant seeking provision out of an estate, or an executor who is dealing with a claim. At Bateman Battersby Lawyers Penrith we can assist you with all aspects of Family Provision Claims.