Ensuring Fair Inheritance in Family Provision Claims

Inheritance disputes are a common legal issue that can cause emotional and financial strain on families. Our skilled contesting a Will solicitors at Szabo & Associates Solicitors can provide valuable guidance, helping to navigate the legal complexities and protect your rights. In NSW, the legal framework governing these disputes aims to ensure that a deceased person's estate is distributed fairly and appropriately. New South Wales law allows eligible persons to challenge a will if they believe they have been unfairly left out or inadequately provided for.

Understanding Family Provision Claims

Family provision claims arise when an eligible person believes they have not received a fair share of the deceased's estate. NSW courts have the authority to intervene and redistribute the estate to provide for the claimant if they deem it necessary. While equitable in its intent, this process requires claimants to meet specific criteria and navigate a complex legal process.

Who Can Make a Claim?

Under the Succession Act 2006, the following individuals may be eligible to make a family provision claim:

• The deceased's spouse or de facto partner
• Children, including biological, adopted, and, in some instances, stepchildren
• The deceased's former spouses
• Dependents who were financially reliant on the deceased, such as grandchildren or members of the deceased's household
• Close personal relationships, which include individuals who lived with the deceased and shared a close relationship

The Court's Considerations

When assessing a family provision claim, the court evaluates several factors to determine whether the claimant has been left without adequate provision. These factors include:

• The size and nature of the deceased's estate
• The claimant's financial needs, health, and personal circumstances
• The nature of the relationship between the claimant and the deceased
• Any competing claims by other beneficiaries or eligible persons
• The deceased's intentions, as expressed in the will
• Evidence of the claimant's contributions to the deceased's estate or welfare

The court's primary goal is to ensure that the deceased's estate is distributed in a manner that upholds fairness and provides for those with genuine need.

Avoiding Family Provision Disputes

To minimise the risk of family provision claims, individuals should:

• Draft a clear and legally valid will: Engage our experienced solicitors to accurately record your intentions and ensure they are legally enforceable
• Communicate intentions with beneficiaries: Open discussions can help manage expectations and reduce misunderstandings
• Consider a statement of reasons: Including a separate document explaining why you made certain decisions can provide valuable context for the court if a dispute arises
• Review and update your will regularly: Life circumstances change, and so should your estate planning

Seek Legal Guidance from Szabo & Associates Solicitors Today

For claimants and executors, seeking skilled legal advice is crucial in navigating family provision claims. Our qualified lawyers can assess a claim's merits, advise on the likely outcomes, and guide you through mediation or court proceedings if necessary.

At Szabo & Associates Solicitors, we understand the sensitive nature of inheritance disputes and the importance of achieving a fair resolution. Whether you are considering a family provision claim or need assistance defending one, our experienced team is here to provide tailored legal support. Contact us today for a confidential consultation and learn how we can protect your rights.