If certain categories of persons are left out of a Will or inadequate provision is made for them in a Will or by way of intestacy, such person may be entitled to bring a claim on the estate.
This begs the question what property can be used to satisfy such a claim by order of the Court?
Under section 63 of the Act, a family provision order may be made in relation to the estate of a deceased person.
If the deceased person died leaving a will, the estate includes property that would, on a grant of probate, vest in the executor.
A family provision order may not be made in relation to property of the estate that has been distributed by the legal representative of the estate in compliance with the requirements of section 93 (which deals with distribution after notice is given), except as provided by subsection (5) of section 63.
A family provision order may be made in relation to property that is not part of the estate of a deceased person, or that has been distributed, if it is designated as notional estate of the deceased person.
For legal advice regarding your rights and responsibilities please contact McAuley Lawyers on (02) 9633 1826 or email email@example.com
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.