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Once you've lodged a Family Provision Claim, the Top 5 things to Know About What the Court Will Examine? - Article 2

Once you’ve lodged a Family Provision Claim, the Top 5 things to Know About What the Court Will Examine? – Article 2

Published on March 17, 2021 by Hanaan IndariHanaan Indari

1 – The Succession Act 2006

Section 60 of the Succession Act 2006 (NSW) sets out what the Court will consider before making orders in a Family Provision claim that your lawyer might bring on your behalf if you’ve met the criteria to lodge a claim. (See Article #1 of this series)

2 – Issues the Court will consider about the deceased

  • The nature and extent of any obligations or responsibilities owed by the deceased to the applicant;
  • The nature and extent of the deceased’s estate;

3 – Issues the Court will consider about the applicant

  • Applicant’s financial resources and needs
  • The financial circumstances of any person the applicant is living with
  • Any physical, intellectual or mental disability of the applicant
  • Their age
  • Any contribution by the applicant to the deceased’s estate or welfare for which they were not appropriately compensated
  • Any provision made for the applicant by the deceased
  • Any evidence of testamentary intentions (i.e. in a will or statement) of the deceased
  • Whether the applicant was being wholly or partly maintained by the deceased
  • Liability of any other person to support the applicant
  • The character and conduct of the applicant

4 – Other Issues the Court will consider

  • The conduct of any other person
  • Any relevant Aboriginal or Torres Strait Islander customary law; and
  • Any other matter the Court considers relevant.

5 – What If I think I have a claim about a Will?

It is important for you to act fast if you think you have been left out of a Will or treated unfairly as a claim needs to be lodged within 12 months of a person dying. Carroll & O’Dea has a team of Wills and Estates experts who will be able to help you with any questions you may have in relation to making a family provision claim.

Where can I read more about challenging a Will?

Right here. Our first article in this series looks at the Top 5 things to know about Wills & Families

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