A will is a legally binding document that states the wishes of a person about how they would like their wealth and estate to be distributed after their death. You can write a will at any point in your life, stating how you want your wealth to be distributed amongst members of your family or anyone else. However, after any person’s death, there are likely to be some issues with their will. People who felt that they cared for the person before their death may feel that they deserve a share of the estate, and are likely to become aggrieved if they don’t get a share.
Contesting a will is not easy. The law takes all sorts of measures to ensure that a will be upheld and the wishes of the deceased followed as they would have wanted. However, as always, there are certain exceptions. The family provision act that was passed in New South Wales, Victoria recognises the moral obligation of the person to provide for people who cared for them before their death, and give them adequate provision in their will. If you feel that you deserve some compensation for caring for a person before their death, you can file a claim. Filing a family provision claim in NSW is not as simple as filing any other claim, however, mainly because of the complications involved. Here are some important things that you should know about filing provision claims.
Hire a Reputable Law Firm
There are several law firms in NSW that specialise in dealing with will agreements and family provision claims. Before you can file a family provision claim, you must meet the criteria set forth in the act. After the death of a loved one, the thought of filing a family provision claim is probably not a thought that’s going to be lingering in your mind. However, despite the loss of a loved one, you should know that the law has set specific time frames for filing a claim, and you will become ineligible if you miss the timeframe. If you feel that you have not been fairly treated in the will agreement, you should contact a law firm to determine whether or not you are even eligible to file a claim.
Filing a Claim
Once you have discussed the eligibility requirements with a law firm, you will then have to decide whether to file a claim or not. Discuss the legal fees that will be charged by the law firm to contest the claim on your behalf, and get an estimate about how much money you might be compensated from the will. This will give you a better idea of whether or not it is worth it to contest the will.