When a loved one passes away, it can be a challenging time emotionally and financially. The Succession Act 2006 (NSW) provides a legal avenue for eligible individuals to make family provision claims. These claims allow individuals who believe they have not received adequate provision from a deceased person's estate to seek further provision.
To make a family provision claim, you must be an eligible person as defined by the Act. This typically includes spouses or de facto partners, children (including adult children), and certain dependents. Stepchildren, grandchildren, and even former spouses may also be eligible under certain circumstances.
In New South Wales, the court considers various factors when determining a family provision claim. These factors include the size of the estate, the financial circumstances of the claimant, their relationship with the deceased, any obligations or responsibilities the deceased had towards the claimant, and the competing claims of other beneficiaries.
It is important to note that family provision claims must be made within certain time limits. Generally, a claim must be filed within 12 months from the date of the deceased's death. However, in some cases, the court may allow an extension of time if there are exceptional circumstances.
If you believe you have a valid family provision claim, it is essential to seek legal advice promptly. An experienced estate lawyer can guide you through the process, assess the merits of your claim, and help you gather the necessary evidence to support your case.
Navigating family provision claims can be complex, but understanding the laws in New South Wales and seeking professional assistance can ensure that your rights are protected during this challenging time. Remember, each case is unique, and seeking legal advice is crucial to determine the best course of action in your particular circumstances.
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