THE FAMILY PROVISION ACT 1982
Have you been left out of a Will or do you believe that adequate provision was not made for you out of the deceased person’s estate?
In either case, if you fall within the category of “eligible person” you may be able to bring a claim against the deceased person’s estate under the Family Provision Act 1982 (“Act”).
An eligible person is defined under the Act as:
- a person:
- a child of the deceased person or, if the deceased person was, at the time of his or her death, a party to a domestic relationship, a person who is, for the purposes of the Property (Relationships) Act 1984 , a child of that relationship, or
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a person:
- who was, at any particular time, wholly or partly dependent upon the deceased person, and
- who is a grandchild of the deceased person or was, at that particular time or at any other time, a member of a household of which the deceased person was a member.
Generally an application to the court must be made within 18 months of the date of death of the deceased person.
The basis of a claim brought under the Act is that the deceased failed to make adequate provision for the claimant in circumstances where it would be reasonable to expect that the deceased person should have made adequate provision.
If you feel in any way aggrieved as a result of either being left out of a Will or not being adequately provided for and you are an eligible person, then you should seek appropriate legal advice as soon as practicable after the death of the deceased person and in any event within 18 months of the date of death of the deceased person.
For further information please contact:
David Buda on (02) 9018 6407or dbuda@rbhm.com.au
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