Has your spouse or parent died recently and
left you out of their will?
Or perhaps you have received something, but
it is a token amount only.
If this is the case, then you may have the
right to apply to the court for more.
I’m John Gallagher from Argon Law and I
would like to tell you a little more about
such applications which are known in Queensland
as Family Provision Applications.
Spouses (including de factos) and children
(including stepchildren) and a limited range
of others, can bring these applications, but
they must act quickly.
In Queensland, you only have 6 months from
the date the will maker dies to give written
notice to the executor of the will that you
intend to make an application.
And you then have to actually file the application
with the court and serve the executor within
nine months of the date of death.
There are some cases where more time may be
allowed, but don’t count on it.
If the court does receive an application,
the question it asks is, “Has adequate provision
been made for your proper maintenance and
support?”
There are no set rules about what is adequate
or proper. It very much depends on the facts
in each case.
Some of the things that courts do take into
consideration are:
The value and make-up of the deceased’s
estate
your financial position, including assets,
income and super, as compared to all other
potential beneficiaries.
Your age, health and prospects as compared
to all other potential beneficiaries
Your relationship with the deceased and the
relationship between the deceased and other
beneficiaries.
If you feel you might have a claim, then remember
there are strict time limits that apply, so
speak to your lawyer immediately.
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