The Family Provision Act of Australia states that spouses, children, parents, or even de facto partners are entitled to file claims for not having been provided for adequately under a Will. You can also argue that the will was unfounded or certain conditions were not correct. Former spouses and de facto partners, grandchildren and step children may be eligible for claims depending on circumstances.
The court will decide on the claims in case the will has made sufficient provisions for claimants. Otherwise, the “Law on Intestacy” will be considered if the deceased has no will. Persons, who make wills, must identify reasons for leaving out any dependents. This can be done listing down reasons through a clause or including a signed declaration in the will. Courts will consider all points of view before coming up with a decision. Powers of the court are to a certain extent discretionary. There is no assurance that it will not grant portion of the estate to petitioners.
Public trustees appointed as executors must be neutral during court hearings. The court generally includes beneficiaries as parties to this action and the chance to dispute the claim. Applicants must file claims six months from the date of awarding probate or administration However, the court may also accept applications after six months.
All plaintiffs can file petitions based on the Succession Act of NSW for as long as these persons can establish eligibility. Other states in the country have related laws. The law states that trustees and executors must defend the will and testament of the departed person. Courts will dictate that the property of the deceased should be allocated according to the last will. Executors must accomplish estate administration faithfully.
These people are designated as defendants to actions against estates. Trustees are not allowed to make compromises unless there is evidence coming from the claimant. In this case, estate attorneys can give advice on the following:
- Agreement (entirely or partly) regarding assets and liabilities
- Cost of defending the action
- Subsequent reduction of assets for other beneficiaries
- Possible success of claims as well as proof to disprove claims
The court may rule wills as invalid if these are not signed appropriately by the person making the will based on legislation. It can also happen that this signature was not seen by two grown-up witnesses or the document was falsified. The person may have been coerced by another individual.
