Family Provision Applications

Have you been left out of a Will?  Considering making a Family Provision Application?

You can make a Family Provision Application if you are a deceased person’s spouse, child or a dependent and you have been left out of a Will.

Time limits apply!

Contact our experienced Wills and Estate Lawyers today to discuss time limits, the process and likely outcomes.

If you are intending to make a claim, you should notify the Estate of that intention within 6 months of the date of death of the deceased, and you must institute proceedings within 9 months of the date of death.

An application is commenced by filing an originating application in the Court, together with an affidavit setting out the facts supporting your claim.  The application and affidavit must then be served on the personal representative of the Estate, along with draft directions for the conduct of the application, which are to be agreed by the parties. The Estate is then responsible for providing notice of the application to all persons whose rights might be affected by the application.

Let our experienced Wills and Estate Lawyers guide you through the Family Provision process.  Contact us today.

Have any questions? Speak to the experts.