Losing a family member becomes more difficult if he or she has several family members with the right to claim an inheritance. Moreover, in some cases, this money is very valuable in order to have enough money for education, day-to-day expenses or medical costs. With the popularity of divorce and remarriage, a deceased person can end up having a few dependents from previous partnerships that need support as well. This is why help regarding wills and estates are sought-after by those left behind.
In the past, the State Government was the one distributing the assets based on a formula that is predetermined, and family members are then entitled to a certain percentage. However, these days various states have introduced their own legislation regarding wills and estates. For example, in New South Wales (NSW), this is now regulated under the Succession Act 2008. An advantage of this new law is that the concept of “multiple spouses” was introduced, incorporating into the definition de facto, same-sex and multiple relationships.
Should you feel that you were not allocated sufficient provision under the will of a relative, spouse or former partner, you have a right to file a claim under the Succession Act. You may need the assistance of family provision lawyers to advise you on your rights and what steps to take to fight for them. First of all, they will also need to confirm that you are an “eligible person” under the Act’s definition.
You have until 12 months after the death to contest it. This is an important timeline in order to be able to assert what you feel is lawfully yours. You will, with the support of your wills and estates lawyer file your affidavit in Court to start the proceedings. The executor stands as the defendant, and will also have to explain and protect what is stated in the original will.
Fighting a will may end up in mediation, or in an out of Court settlement. This way, all the beneficiaries can be satisfied and compensated in the end. Should it not be so easily settled, then, the judge will have no choice but to make a decision in the end.
It might be a long and difficult process, but it is necessary to fight for your and fellow beneficiaries’ rights. After all, children of the deceased, especially, are entitled to receive support regardless of whether their parents divorced or have new partners. The Act is there to protect their interests and make sure they can claim what is lawfully theirs.
Testate and intestate proceedings can be complicating to comprehend for someone without knowledge on the concept. For this reason, let http://www.rodneybrender.com.au assist you.