Contesting a will is not an easy task. In most situations, the will left behind by the departed is considered final and cannot be altered unless there are very special circumstances. In New South Wales, Victoria, and Queensland, the Family Provision Act plays a very important role in determining the amount the nominees in a will would receive. According to the Family Provision Act, it is the moral obligation of a person to provide for the people who are dependent on them at the time of death.
Therefore, if you have children who are dependent on you financially for support, you will need to make an adequate provision in your will. However, if you are a family member who was dependent upon the deceased upon their time of death, but have been overlooked in their will, you might have a solid chance at getting a settlement. If you want to invoke the family provision claim in NSW, you will need to hire a suitable lawyer to help you out.
At the time of death of a loved one, filing a provisional claim is probably the last thing on a person’s mind. Despite this, you should know there are strict eligibility rules as well as a timeframe for filing the claim. You are ineligible if too much time passes from the date the will was registered until the time you filed the claim. There are many important things you need to do before filing a claim directly.
Talk to the Lawyers
First and foremost, you need to talk to the lawyers to figure out if you are actually eligible for filing a claim or not. Many people aren’t, yet still choose to try their luck to get a certain amount from the will. Doing so is just a solid waste of money, and you won’t get anything out of it. Instead of filing a frivolous claim, you should first sit down with the lawyer to discuss your requirements. The lawyers will guide you about whether you have a solid claim or not.
Remember, all kinds of legal conflicts are likely to cause even more strain and stress on a family that’s already under severe distress and in a period of mourning. If you file a legal claim on top of this, it’s likely to lead to some sort of personal problem with other members of the family. You have to weigh the pros and cons before filing the claim as well.
No Win, No Fee
Most reputable lawyers generally work on a no win, no fee basis. This way, if the lawyer is unable to get you a settlement, you don’t have to pay a penny for their services. However, before taking on such a case, the lawyer will sit down with you and determine if you have a solid case on your hands. Most lawyers don’t even take on cases they know have a high chance of failure, so the first few meetings are going to be crucial in making a decision.