A testator (person who has done a will) can leave their property (or estate) to whoever they like. However, this leads to instances where people closest to the testator are left with little to no inheritance under a will.

There are many reasons for this but usually the most common is disputes between members of a family, such as siblings or spouses.

If you are a member of a family and feel that you have been treated unfairly under a will, you may have grounds to bring a Family Provision Claim against the person who has left very little or nothing for you after their death.

What is Family Provision Claim?

The law recognises that people can leave their assets to whomever they wish to do so after they die. However, the law imposes a moral obligation on people to provide adequately for others in their lives after their death.

This is usually the person’s surviving spouse and children. It can also include those that were dependant on the deceased.

In rare cases, it can also include a former spouse and also a person with whom the deceased lived with.

The persons described above may be considered ‘eligible persons’ for the purposes of a Family Provision application. In determining an application, the court takes a number of others matters into consideration before making a decision.

If you think that you have been treated unfairly under a will and believe you may be an eligible person, you have 12 months from the date that the deceased died to make an application to the NSW Supreme Court for a Family Provision order.

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