Losing a loved one can be an emotionally difficult and stressful time. In a perfect world, the division of a deceased person’s property would be smooth and free from controversy, leaving you time to deal with the other challenges that come with losing a family member. However, not all family circumstances are straightforward, and it is sometimes the case that a person who could or should have expected that they would be provided for in a deceased person’s Will, find themselves being left with little or no provision from their family member’s Estate to meet their ongoing needs.
In these cases, the law recognises that people with certain types of relationships to the deceased person are entitled to bring what it known as a ‘Family Provision Application’. This is essentially an application to the Court, seeking further provision from a deceased’s person’s Estate in order to ensure that they are properly provided for.
We often find that clients are, perhaps understandably, unaware of their exact rights when a loved one passes away, particularly in circumstances where they do not agree with the terms of the Will. We recommend that you seek legal advice as soon as possible after the passing of a loved one, to discuss your options and help you navigate what can be a difficult process.