Family Provision Claim
In today’s society, an inheritance is more important than ever.
For most people, it is the single greatest financial benefit they will ever receive. There are many reasons why someone may not receive their fair share of an estate. In some cases, it will be poor legal advice, in others, it may be a deliberate decision on the part of the will-maker.
Section 6 of the Family Provision Act 1972 (WA) provides that a person can make a claim for adequate provision from an estate for the proper maintenance, support, education or advancement in life if that person is an “eligible person” under section 7 of the Act. An eligible person includes:
- the spouse or de facto spouse;
- a child; or
- in certain circumstances, a grandchild, step-child or parent.
If you are an eligible person and you have not been adequately provided for in the will, or if you have been left out of the will, or if you feel that there is an unfair distribution of the estate, book a consultation to find out your rights and entitlement to make a claim.
Family Provision Claims can be made within 6 months of the grant of probate or letters of administration. If an eligible person wishes to make a claim after this period, the applicant must first make an application for the Court to grant leave to file the claim out of time.
Even if you are outside of the 6-month period to make a claim, you may be able to make an application to extend that period. We have experience in making applications for leave to make a claim out of time and in many instances have been able to obtain a favourable settlement for our clients.
Some of our notable cases include:
Curran v Duncan (as Executor of the Will of Jean Frances Hogg (Dec)) & Ors [2006] WASC 9
Hill v Murray (as beneficiary of the estate of Alec Kumar Sodhy) [2023] WASC 482