What You Need to Know About Family Provision Claims in Queensland

Transcript

Dan: The hot topic today is about how to contest a will which leads to question - What is a family provision claim and how does these laws apply in Queensland?

Ron: A family provision claim, commonly known as a contesting a will claim, is a legal action that allows certain individuals to challenge the distribution of a deceased person's estate when they believe they have not been adequately provided for in the will. In Queensland, the laws that govern family provision claims are found in the Succession Act 1981.

Dan: Who can actually make a family provision claim and contest the will in Queensland?

Ron: In Queensland, the following individuals may be eligible to make a family provision claim: the spouse of the deceased, including de facto and same-sex partners, the children of the deceased (including stepchildren and adopted children), and other dependents of the deceased who had been financially maintained at the time of death.

Dan: That’s interesting – to bring a claim it's not just limited to immediate family members. Now, what then are some of the usual reasons why people might consider making a family provision claim?

Ron: There are several reasons why individuals might consider contesting the will and making a family provision claim. It could be due to genuine financial need, particularly if they were financially dependent on the deceased and have not been adequately provided for in the will. It could also be a matter of correcting an unequal distribution of assets among the beneficiaries to bring about a more equitable distribution of the estate. In some cases, the financial circumstances of a family member or dependent may have changed dramatically since the deceased's will was created, due to for example, unexpected financial hardships, ill health, medical expenses, or loss of income, making the original provision in the will inadequate.

Dan: As a lawyer handling family provision claims, what is the best advice you would give to someone who is considering making such a claim?

Ron: First and foremost, I would recommend seeking legal advice from an experienced solicitor in estate and succession law. Family provision claims can be complex, and the right legal guidance is crucial to the prospects of a successful claim. It's also important for individuals to appreciate that there are strict time limits within which they must lodge their family provision claim in court, so seeking advice promptly is absolutely essential.

Dan: Could you walk us through the important steps involved in bringing a claim?

Ron: Certainly. The starting process is lodging a formal application with the appropriate court. This application must outline the grounds to establish the claim and provide the relevant evidence to support the claim. The court will then consider various factors, including the financial circumstances and needs of the claimant and the other beneficiaries, the relationship between the claimant and the deceased, and any other relevant considerations.

Dan: What outcomes are available for a successful family provision claim?

Ron: If a family provision claim is successful, the court can order that further provision be made for the claimant from the deceased's estate. The court may alter the distribution of assets or grant relief by providing a specific sum of money. The specific outcome will depend on the unique circumstances of each case, but the court's main aim is to ensure that the claimants financial needs are adequately met.