As per Australian Family Provision Act, certain individuals, such as children, parents, spouses, de-facto relationship partners are eligible to make a claim of further provision from a deceased person’s estate. This is to ensure that these people who are left behind will continue to be provided for to secure their welfare and advancement in life.
This is a boon for people who were left out in the will of the deceased without any reference. A will that was written on a high emotional pitch does not stand valid in the court of law. De facto partners, children/s and even stepchildren are eligible for getting a share of the real estate of the deceased.
What the Family Provision Act of Australia says?
The law stipulates that the person who makes the will must express the reason for the omission of an obvious close-relation. If the fact, the law will interpret this as the “Law on Intensity.” This means that the person who wrote the will is not emotionally balanced or under the influence of duress at the time of writing. This allows the petitioner to claim for family provision.
What the plaintiff can do?
The plaintiff can state the reason why the will is to be challenged, presenting relevant documents. The court has the discretional power to issue a ruling by allotting part of the estate share to the plaintiff considering all the merits. The favourable order can be received only if the claimant can produce documents which are convincing and valid in the court of law.
What happens in the hearing?
The hearing for a family provision claim will be heard by neutral judge and the court will have an unbiased approach towards the case. The plaintiff looking for redress must submit the claim within six months from the date of awarding probate. In exceptional circumstances, the court can entertain the late application, provided such request application should have valid reasons for argument and vacation.
Different states in Australia have their own family provision claim law with minor variations. The general frame of the law stands to safeguard the interest of people who were deliberately left out of the will due to emotional reasons. Plaintiffs shall have the freedom to file claims directly in the court or through their legal attorneys. The defendants shall get a fair opportunity to place their arguments and they will have to file a declaration under the oath of the constitution.
Check Villari Lawyers family provision claim specialists for more details.