When a person has died leaving a Will, and there has been no provisions made in the Will for relatives and/or dependants, these people have a right to seek legal advice regarding their rights under the FAMILY PROVISIONS ACT. The FAMILY PROVISIONS ACT provides for unjust and unfair treatment of relations and dependants who have been left without proper provision being made in the Will by the deceased.
Those now eligible to apply under the FAMILY PROVISIONS ACT are;
- the husband or wife of the deceased person at the time of the deceased person’s death,
- a person with whom the deceased person was living in a domestic relationship at the time of death,
- a child of the deceased person or, if the deceased person was living in a domestic relationship at the time of death, a child of that relationship,
- a person who was, at any particular time, wholly or partly dependant upon the deceased person, and who was, at any time, a member of the household of which the deceased person was a member,
- a grandchild of the deceased person who was, at any particular time, wholly or partly dependant upon the deceased,
- a former husband or wife of the deceased person,
- a couple who lived together in a defacto arrangement,
- a couple who are not married to one another or related by family
The following factors are also taken into consideration in relation to the FAMILY PROVISION ACT;
- the character and conduction of the applicant before and after the death of the deceased,
- any contribution made by the eligible person towards the deceased’s property or welfare,
- any other matter that the Court considers important (eg – the financial means and needs of the claimant)
Contact our friendly staff at EDDELBUTTEL LAW to discuss your rights under the FAMILY PROVISION ACT and we will ensure that your claim is handled with care, efficiency and cost-effectively.