Left out of a Will?

Left out of a Will?

If you have been left out of a Will, it is important that you get legal advice about your options and that you do so as soon as possible.

If you are an eligible person, and have not been adequately provided for, you may make an application for a Family Provision Order. An eligible person is defined in section 57 of the Succession Act 2006 (NSW) and includes:

a.) a spouse (at the time of the deceased’s person’s death);

b.) a de facto partner (at the time of the deceased’s person’s death);

c.) a child of the deceased;

d.) a former spouse of the deceased;

e.) a person who was, at any particular time, wholly or partly dependent on the deceased and who is a grandchild or was, at that particular time or any other time, a member of the deceased’s household;

f.) a person living with the deceased in a close personal relationship at the time of the deceased’s death.

An application for a Family Provision Order must be made within 12 months after the date of death. There are exceptions to this time limit, however it is best to make the application within this time frame. If you are outside the 12 month time limit, we suggest you seek urgent legal advice about your options.

A Family Provision Order made be made if the Court is satisfied that:

  • the applicant is an eligible person;
  • if the applicant is an eligible person by reasons of paragraphs d, e or f above that there are factors which warrant the making of the application; and
  • adequate provision for proper maintenance, education or advancement in life for the applicant has not been made by the Will of the deceased (at the time the Court is considering the application).

If the Court makes a Family Provision Order, the Order is in relation to the estate or notional estate of the deceased. Notional estate includes property that was not in the deceased’s name at the date of his or her death, but that might have been transferred to someone else’s name or placed in a trust.

If you have been left out of a Will, contact Turnbull Legal Solutions for an initial consultation to discuss your circumstances and options.

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