If you were left out of the Will or not properly provided for you may have a claim under the Family Provisions Act 1982 (FPA).
To make an FPA claim you need to be an eligible person. Eligible persons are:-
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a spouse including a de facto spouse and a person living in a domestic relationship with the deceased at the date of death. That relationship can be a same sex relationship
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a child of the deceased
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a former spouse of the deceased
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a dependant person
A dependant person is a person wholly or partially dependant upon the deceased who is a grand-child of the deceased or is or was a member of the household of which the deceased was a member. This category may include persons related or unrelated to the deceased including foster children and persons in a same sex relationship.
In order for a Court to change a Will, it carries out a two stage process:
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has the eligible person been left without adequate provision for his or her proper maintenance, education and advancement in life.
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if the answer is yes what provision if any should be made out of the Estate.
This is a complex area of law whether you are an applicant seeking provision out of the Estate or the Executor dealing with a claim.
The Solicitors in Craddock Murray Neumann's (CMN's) Probate Department have extensive experience in Wills, Probate and Administration matters.
Dominic Wilson heads the Probate Department of CMN. He has 20 years experience.
Your first conference is free of charge. Dominic will take your detailed instructions and advise you about your case and its prospects.
We will discuss with you this firm's fees and the basis upon which CMN will act in your matter.
You will find Dominic easy to talk to and expert in this field of law. If you do not have a case he will tell you. If you do have a case Dominic will tell you in plain English what the relevant issues are and what needs to be done to get you the best result possible.