Losing a loved one is an emotionally difficult experience, and dealing with the legal aspects can add further complexity. Nowadays, as people live longer and accumulate significant assets, it has become increasingly common for individuals to contest a Will or seek a greater share of the Estate. In this blog, Geldard Sherrington Lawyers will shed light on the processes and procedures involved in lodging a Family Provision Application.
Family Provision Application
Preparing a Will is often expected to simplify the distribution of a deceased person’s Estate. However, in reality, this is not always the case. Beneficiaries may come forward to make a Family Provision Application (FPA) to claim a share or a larger portion of the Estate.
Key Factors to Consider Before Making a Family Provision Claim
- Eligibility: Only certain individuals are considered “eligible” applicants. This includes spouses, de facto partners, civil partners, children, and dependents of the deceased.
- Time Limits: Strict statutory time limits govern the commencement of a Family Provision Application. In Queensland, applicants must provide notice of their intention to make an FPA within six months of the date of death. The limitation period to commence the action expires nine months after the death of the deceased. The Court, however, has the discretion to extend this period based on various factors.
- Court Considerations: The Court weighs several factors when determining the outcome of a Family Provision Application. These factors include the applicant’s current financial position, their relationship with the deceased, previous support received, the value and location of the deceased’s property, any promises or statements made by the deceased, disentitling conduct, and the applicant’s standard and quality of living.
How Jurisdiction Affects the Application
If the deceased owned real estate in Queensland or was living in Queensland at the time of their death, beneficiaries can rely on the provisions of the Succession Act 1981 (Qld) to support their FPA.
Seeking Legal Assistance from Geldard Sherrington Lawyers
Contesting a Will and navigating the complexities of a Family Provision Application can be overwhelming. Geldard Sherrington Lawyers, based in Hervey Bay in Queensland, can provide valuable assistance. Their Principal Solicitor, Justin Geldard, has extensive experience in supporting clients in making FPAs and guiding executors through challenging applications.
If you are considering making a Family Provision Application or need advice as an Executor, seeking specific guidance tailored to your circumstances is crucial. Geldard Sherrington Lawyers offers an obligation-free initial consultation to help you understand your options and navigate the relevant legislation.