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Estate Disputes:

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Within 12 months of a person’s death, an "eligible person" may be able to make a family provision application to the Court seeking an order for a greater inheritance under the will. An eligible person includes a spouse or defacto, ex-spouse or ex defacto, child, dependent, and someone in a close personal relationship with the deceased.  

When an application is made, the Court may consider the following factors when determining whether to make a family provision order: 

  • The relationship between the applicant and the deceased; 
  • Any responsibilities owed by the deceased to the applicant; 
  • The size of the estate available for distribution to the beneficiaries; 
  • The financial resources and financial needs of the applicant and this extends to include their future earning capacity; 
  • The financial circumstances of any person with whom the applicant lives; 
  • If the applicant has a disability; 
  • The age of the applicant; 
  • Any contribution made by the applicant towards the estate for which they have not received adequate benefit; 
  • Any gifts received from the deceased prior to death;
  • Any statements of the deceased setting out their testamentary intentions; 
  • Whether the deceased had been supporting the applicant prior to death; 
  • The applicant's character before and after the date of death. 

If a family provision order is made, the order will specify who will be receiving the benefit of the provision, the amount of the provision, how it is to be provided for from the estate (eg lump sum payment) and any conditions pertaining to the provision.  

If you believe that you have not been sufficiently provided for under a will or if you are an executor and have been served notice of an application for a family provision claim, you may wish to contact our firm and arrange an appointment to see one of our Aged Care & Elder Law Solicitors. Please call us on (02) 9233 4048 or send an email to info@navado.com.au. 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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