We often don’t talk about it with our parents or step-parents, but we tend to make assumptions about what is in a Will. This is particularly true of blended families.
So, what do you do if your expectations haven’t been met? If your inheritance is smaller than you anticipated? If you are left out of a Will entirely?
Well, you do have options.
You may be able to have the Will declared invalid, or you may be able to challenge the Will for failing to make a reasonable provision for you.
Family provision claims seem to be on the rise. A spate of recent high-profile cases have been making their way through the appellate courts, including all the way to the High Court.
At Martin Bullock Lawyers, we know all about the recent decisions, the trends we are seeing and the lessons for practitioners in this dynamic area.
Some of the questions you need to ask are:
- Am I an eligible person?
- Can I make a claim?
- What is the eligible class of applicants?
- What factors does the court need to consider?
- Was there a moral duty to provide?
- Did the distribution of the estate fail to make adequate provision?
- Was the eligible person dependent on the deceased?
There are many other questions that you will need to think about, but the most essential thing for you to do is to get good legal advice. These situations can become extremely complicated and you need the best people acting for you. People who know the law, who know how to negotiate, who can take you down the right path towards negotiation, mediation or litigation, and who have a good team of experts to fall back on.
If you need advice on whether or not you’ve been left out of a Will, then we are the people to see!
Call Greg Martin or Jacqueline Wainwright on (02) 9687 8322.