My spouse died, can I apply for provisions?

My spouse died, can I apply for provisions?

A person who would, one would expect to, be a beneficiary pursuant to a will may either not have received any provision or has been nominated as a beneficiary however the amount or gift/s pursuant to the will is inadequate and the law will recognise this and from time to time allows provision is circumstances.

A person may wish to make a claim against a deceased estate and will make an application for a Family Provision Order. A Family Provision order is made in circumstances in which the court is satisfied that the claimant seeking the order is eligible to claim AND has not received proper provision pursuant to the will for the claimant’s proper maintenance, education or advancement in life.

Examples of circumstances in which claimant have brought a claim against an estate.

My spouse died, can I apply for provisions?

Yes you can apply for provision as you will be deemed an eligible person to make a claim against your spouse’s estate.

My de facto partner died. Can I apply for provisions? Yes if you were living in a de facto relationship as at the time your de facto partner passed away then you are eligible to make a claim against your de facto partner’s estate for provision.

Related image

My mother died years ago. My father has left me the house however in the will it states that his de facto partner has the right to live in the house rent free and that I am not allowed to sell the house for use it in any way until his de facto partner either dies or re-partners or vacates for more than 6 months. Is there anyway I can stop this?

You can apply to the Supreme Court of NSW and seek a court order to vary the terms of the will.

Do I have to be over 18 years of age to contest a will / seek family provision?

No there is no age limit to contest a will / seek family provisions in relation to a deceased’s estate. Although, we recommend that you speak with a probate lawyer who can handle the whole process and provide you with proper legal advice.

It is important to seek legal advice when deciding whether or not to bring a claim against a deceased estate.

It is important to seek legal advice to ascertain whether or not you should make a law against a deceased’s estate.

It is very important to seek legal advice form a probate lawyer in relation to any proposed claim against the estate.

A claim against the estate can be resolved without having to commence legal proceedings and be involved in lengthy litigation. The matter may be resolved via correspondence exchange with the solicitor for the executor for the estate and the claimant’s solicitor or via a conference or mediation.

We recommend that you contact a lawyer to arrange a meeting to discuss the merit of your case in order to ascertain whether or not is it worth pursuing a claim against a deceased estate. This advice is often provided during the first consultation.

Categories: Law

About Author