The Family Provisions Act of 1982 was passed in New South Wales, Queensland, and Victoria. According to the Provisions Act, breadwinners have a moral obligation to mention the names of those who are dependent on them at the time of their death in their will. If the people in the family feel as though they didn’t receive adequate provisions in the will of the deceased, the law gives them the option to contest the will. This basically means that you can file a Family Provision Claim on their estate. However, this isn’t as easy as it looks. The laws in New South Wales and similar states are relatively strict about tampering with Wills. It’s regarded as a legal document that provides evidence of the passing wishes of the deceased. As a result, tampering with a will is illegal, and any changes to a will must be facilitated by the courts.
That is one of the main reasons as to why the Family Provisions Act also has a detailed chapter on the persons who are eligible to file a claim. When a loved one passes away, the last thing that would be on your mind is their will. However, even though this is a difficult time for the family, you need to follow a certain protocol. If you file a contestation of the will several months after the death of your loved one, the courts will simply throw your case out with little to no attention. You must understand that there’s a specific timeframe that must be adhered to. In order to file a family provision claim in NSW, keep the following steps in mind.
Talk to a Specialist Lawyer
There are numerous law firms in New South Wales that specialise in handling will agreements. Before you make a move, the first thing that you should do is talk to a local lawyer. Ask in detail about whether you are eligible to file a contestation of the will, and whether there’s any chance of getting a fair settlement. Of course, you might feel as though you have been treated unfairly in the will, but that doesn’t mean that the courts will look at it the same way. As mentioned above, you need to have a very strong case for the will agreement to be changed. Because of the potential for frivolous lawsuits, it’s best that you discuss your case with an experienced lawyer. Most lawyers don’t charge any fees for a preliminary consultation. They will arrange an appointment near your place as well.
Filing the Claim
If the lawyers feel as though there’s a solid claim and that you meet the eligibility criteria as depicted by the Family Provisions Act, they will proceed further and file an official claim in court. Don’t expect a resolution right away; it takes at least a couple of months to get a verdict. Your lawyer will highlight the moral obligation of the deceased and present your role in their life in order to determine the amount of compensation you deserve from the will. It’s important to have a serviceable lawyer by your side during this process.