A family provision claim is when someone contests a deceased persons will. This can happen either when the deceased person lacked understanding or an eligible person has been left out of the will. Sometimes, these scenarios are linked.
The law only allows certain people to make a claim against the provisions set out in a Will if they are eligible and have been left with inadequate provision.
If you are:
1. A spouse of de facto partner of the deceased;
2. A child of the deceased; or
3. Fall into a certain category of dependant of the deceased,
then you may be eligible to make a claim.
You must make a claim within twelve months of the date of death. It is therefore vital that you seek legal advice quickly.
If you think you have not been adequately provided for in a will, or a person close to you has died and you suspect they lacked understanding or capacity when they wrote their will, contact us to find out what to do next.