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 PICTON OFFICE
20 Menangle St West,
Picton NSW 2571
p: 02 4677 1292
f: 02 4677 1442
DX 26051 Picton
NARELLAN OFFICE
Suite 3, Level 1,
320 Camden Valley Way
Narellan NSW 2567
p: 02 4647 8348
f: 02 4646 1595
DX 25804 Camden
CAMDEN OFFICE
28 Hill Street
Camden NSW 2570
p: 02 4655 3077
f: 02 4655 3227
DX 25804 Camden
OUR HISTORY
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Wills and Estates : Family Provision Claims
The Law allows a certain category of people to challenge your Will. They are:-
- Spouse (including defacto spouse);
- Child (including adopted child);
- Former spouse;
- A grandchild, or person wholly or partly dependent on the deceased person, who was a member of their household;
- A person with whom the deceased was living in a close and personal relationship at the time of death.
You cannot do anything to take away an eligible person's right to challenge a Will. It is their right, as of Law. It is an urban myth that if you leave a person a nominal sum that they cannot make a claim.
Such a claim must be made with 12 months of the date of death (of a person dying after 1 March 2009.
These claims are generally decided on financial issues. Financial needs of the parties are more relevant than "relationship issues" although, they are important.
Many people believe that such Laws are an invasion of our rights to testamentary freedom. However, there are many cases where parents unfairly favour one child over the other (e.g. where a farmer may favour the son over equally deserving daughters) or a housekeeper may have been induced to look after an elderly person on the promise of a legacy on death, and that legacy is not given.
There are points for and against in every case. What the Will maker can do, is to make a written statement setting out their reasons for not making any or an equal provision for an expectant beneficiary. This statement can be then used in evidence if a case is brought against the estate.
This area of the Law is very specialised. You need to have experience on your side in dealing with challenges to a Will.
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Law 9000
Lic.Law 20008
SAI Global
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The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult a lawyer for individual advice regarding your own situation.
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