Australia’s Family Provision Act states that certain family members may be entitled to claim provisions out of an estate—even if they are not beneficiaries in the will. The law also allows family members to request greater provision out of an estate if their interests seem to be under-represented in the will.
If you are not named in a loved one’s will (or believe you are entitled to more than you received in the will), then it is worth sitting down with a team of estate dispute lawyers in Perth to discuss the matter. Under the Family Provision Act, you may be able to make a claim. If you do make a claim, a court will have to decide if the will in question has made adequate provision for you. If the court rules that you have indeed been denied adequate provision, then the will may be altered to award part of the estate to you.
Do note that the Family Provision Act only applies to certain relationships. Extended family members cannot make claims to an estate under this law, nor can very close friends. Instead, claims are limited to four groups: spouses, children, parents and de facto partners. If you fall into one of these categories and were left out or under-provisioned in a loved one’s will, your best bet at getting your fair share of the estate is to sit down with estate dispute lawyers in Perth and discuss your options.
At M 6:8 Legal, we would be happy to consult with you on the specifics of the Family Provision Act and your rights under the law. To schedule an appointment with our legal team, call us on +61 8 9316 8363.