Contesting a Will?

Family Provision Claims in Queensland.

Family provision law recognises that, although people are free to give away their property by Will after they die, or to not make a Will at all, they also have a responsibility to provide for certain people, usually family members. Did you know that under the Will of a deceased person frequently proper provision has not been made for the dependant, spouse, de facto, domestic partner or child of the deceased? This can occur because the Will of a deceased person fails to make that provision or adequate provision. Alternatively, where there was no Will, and the deceased dies intestate, there is a statutory formula that sets out how a deceased person’s estate is to be distributed, and sometimes that formula might fail to make adequate provision for the maintenance and support of a person in all the circumstances. In either situation, a court has the power to make orders altering a Will, or varying the statutory formula, so that adequate provision for a person is in fact made. These types of claims are known as testator’s family maintenance claims and claimants might be a dependant, spouse, domestic partner or child of the deceased. The many factors that the court must consider in making these decisions include:

• the nature of the relationship between the claimant and the deceased person
• the size of the estate
• the financial resources and needs of the claimant
• contributions by the claimant to building up the estate

At Frigo James Legal Group we have a wealth of experience handling such cases. If you have a query about whether you qualify as an eligible person to make a claim or simply want to discuss your matter, contact our experienced lawyer Mr Ron Frigo on 07 5621 3799 for a consultation.