Family Provision Claims and Estate Disputes
A Family Provision claim is an application to the Court pursuant to the Succession Act 2006 to seek provision from the Estate of a deceased person, where you have been excluded or believe you have been insufficiently provided for. You are able to make such a claim if you are an eligible person, which includes the spouse or former spouse of the deceased, children or grandchildren of the deceased or any other person who may have been financially dependent on the deceased prior to his or her death. An application for Family Provision must be made within twelve months of the death of the deceased, otherwise leave of the Court is required.
Uther Webster and Evans have a team of highly experienced lawyers who have been involved in a number of successfully lodged Family Provision claims. We can provide you with advice about the factors that the Court will take into account, such as your financial position and that of other beneficiaries, and your prospects of success if you make such a claim.
We are also able to assist in relation to other estate disputes and estate litigation, including the following:
- Assisting family members where the Executor is no longer willing or available to act as the Executor of the estate;
- Acting for beneficiaries to ensure that trustees act appropriately and Executors properly administer the estate according to the Will;
- Acting for family members where executors have not acted appropriately;
- Acting for executors or beneficiaries in relation to lawyers being negligent with respect to the administration of estates resulting in losses to the beneficiaries or excessive legal costs being incurred.