What is a Family Provision Claim?
A family provision claim is a legal action brought by an eligible person seeking a share of a deceased person’s estate when they believe they have not been adequately provided for in a will or where there was no will. The aim of a family provisions claim is to ensure that the deceased’s assets are distributed fairly among their family members and dependents.
How to defend a Family Provision Claim in NSW?
If you are an executor or a beneficiary of a will and someone has made a family provision claim against the estate, there are several steps you can take to defend the claim:
- Obtain Legal Advice
The first step is to obtain legal advice from an experienced lawyer who specializes in estate law. A lawyer can help you understand your legal rights and obligations and provide you with guidance on how to respond to the claim. - Gather Evidence
You should gather evidence to support your position that the deceased adequately provided for the claimant. This evidence may include:
– The deceased’s will
– Any documents that demonstrate why the deceased made certain decisions in their will
– Financial statements and other relevant documents that show the deceased’s financial situation at the time of their death
– Evidence of any gifts or loans made to the claimant by the deceased during their lifetime
– Any evidence of estrangement or a breakdown in the relationship between the deceased and the claimant
- Negotiate a Settlement
In some cases, it may be possible to negotiate a settlement with the claimant to avoid going to court. A lawyer can help you negotiate a settlement that is fair and reasonable for both parties. - Attend Mediation
If a settlement cannot be reached, the parties may be required to attend mediation. A mediator will assist the parties in coming to an agreement. - Attend Court
If mediation is unsuccessful, the matter will proceed to a court hearing. At the hearing, the court will consider all the evidence and make a decision. The court may dismiss the claim or make a family provision order.
If you are facing a family provision claim in NSW, it is important to obtain legal advice, gather evidence, and consider negotiating a settlement. If a settlement cannot be reached, the matter will proceed to a court hearing where the court will consider all the evidence and make a decision. It is important to have an experienced lawyer representing you throughout the process to ensure the best possible outcome. With decades of experience, our Wills & Estate lawyers can guide you in the right direction.
