Family Provision Claim
Things you should know
- Strict time limits apply to bringing Family Provision claims. Delay and a valid claim could be lost.
- The outcome of a claim often depends on establishing a current level of need and concepts of reasonable provision are important. Just because an estate is large does not mean a claim will succeed.
- Just because a claimant has been estranged from the deceased does not mean that there is no entitlement to make a claim for provision from the estate.
- Ex nuptial children can claim even where the deceased left legitimate children.
The Messner & Blunden Difference:
- A family provisions claim requires expert advice and substantial experience to succeed. We have decades of experience advising and representing individuals and families both bringing and defending against family provision claims.
Why would you need this service?
If a parent remarries after a death or divorce, a child of the first marriage might not be provided for in the parent’s later will. If excluded from the estate you may be able to bring proceedings for a court order that makes a provision for you from the assets of their estate.
Similarly, if you have an inadequate provision from the estate of a relative or someone who you were dependent upon you may also have an entitlement to claim against the estate for a greater share. Competent legal advice is required to enable a client to decide whether to bring a claim.
This process isn’t straight-forward and depends on your ability to satisfy entitlement criteria. We can advise you to establish whether you have a claim and can act on your behalf in pursuing assets.
Alternatively you may need advice where somebody is bringing a claim against an estate for provision from the estate where you are an executor or beneficiary of the estate.
It is important to get timely and appropriate advice in relation to the merits of such a claim so that unnecessary legal costs are not incurred or where the case is without merit that a detailed and comprehensive defence is prepared.