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A valid family provision claim is made when an eligible person believes they have not been adequately provided for in the deceased's will. Eligibility typically includes spouses, children, or dependents of the deceased.
Eligible claimants include the deceased's spouse, children, former spouses, dependents, and, in some cases, close relatives who were financially dependent on the deceased.
Courts consider the claimant's financial needs, the size of the estate, the relationship with the deceased, and any obligations the deceased had towards the claimant.
A will can be contested on several grounds, including lack of testamentary capacity, undue influence, fraud, or if the will was not executed properly.
To challenge an executor, you must file a petition in court detailing the reasons for the challenge, such as mismanagement or failure to distribute the estate fairly.
If there is no will, assets are distributed according to the intestacy laws of NSW, which typically prioritise spouses, children, and then other relatives.
If you suspect mismanagement, you can seek legal advice to review estate activities and potentially apply to the court for the executor's removal or to rectify the administration.
Yes, many family provision claims are settled through mediation or negotiated agreements between parties, avoiding the need for court intervention.
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