People have the freedom to give away their estate. The person who created the will can decided who will get it and in what form, however, the people he or she’ll leave behind can still challenge the Will. Here are some details.
What is it?
A family provision claim is an application against the estate of a deceased person. If you are an “eligible person”, and you have been left out of a will or you did not receive what you think you are entitled to, then you can file a claim.
The Effect on Your Will
If the Court is satisfied and convinced by the claim, it will mean that the will can be altered. The Court can rewrite it and give the applicant’s needs whether it’s for education, proper maintenance and advancement in life.
Who can make a claim?
The people who are eligible for claiming for family provision are:
- The Spouse or de facto of the deceased.
- The children of the deceased
- The Ex-spouse
- Adopted Child of the deceased
- Biological Grandchildren
- Child of Spouse or domestic partner
- Biological Parent
- Biological Siblings
- and a person whom the deceased person was living in a close personal relationship at the time of death.
How to make a Claim?
If you want to have a claim or you want to protect your will once you died, you must seek a legal expert. They will explain what are the possible things that could happen once you died, and what are the things you must do if you are contesting.
Who to Trust?
If you don’t know how to get started, contact Villari Lawyers, they have family provision lawyers who are ready to help and explain the legal problems and situations to face about claiming for family provision. Contact or visit their websites for more details.