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Family Provisions

Family Provisions Lawyers

What is a Family Provision Claim?

One of the most important reasons for writing a Will is to provide for your Family as you wish. There are requirements to provide for certain family members in your Will or specifically exclude them. If your Will does not provide for your family, then it can be contested. The Family Provision Act 1972 makes provision for the maintenance and support of the family and dependants of deceased persons out of the assets of the deceased’s estate, and for other purposes incidental.

If you do not have a Will when you pass away, you will be declared “intestate”, with all of your assets being distributed pursuant to a set of rules under the Administration Act (WA). Therefore, you will have no control over the distribution of your Estate and it may be distributed contrary to your wishes.

Your Estate may be administered by the office of the Public Trustee (in exchange for a sizeable fee) or it may be up to one of your family members to take on the burden of administering your Estate.  This can be a laborious task of proving to the Supreme Court that there is no other more suitable person to administer your Estate. Not having a Will increases the legal, financial and emotional burden involved in administering your Estate.

Dying intestate can be emotionally stressful for your family, not to mention expensive. It can create disputes within the family if a family member believes they are not being given what they are entitled to. Making a Will is therefore the responsible thing to do, to ensure that your loved ones are properly catered for after you pass away – and having the assistance of an expert Will solicitor ensures that it’s done correctly, giving you full peace of mind.

Who can apply for provision from deceased’s estate:

A person who was married to, or living as the de facto partner of the deceased person

A former spouse or former de facto partner of the deceased

A child

A grandchild

A stepchild

A parent

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