Family maintenance responsibilities do not cease with the death of a responsible person. In Victoria, the Administration of Probate Act as amended deals with these claims. The courts may order that provision be made out of an estate of a deceased for the proper maintenance and support of a person, of whom a deceased had responsibility to make provision whether a deceased made a Will or not. The courts have discretionary power to make a Provision Order provided that the Court is of the opinion that the distribution of the estate of the deceased did not make adequate provision for the proper maintenance and support of an applicant. The Courts in determining: a whether or not the deceased had responsibility to make provision for a person; and b whether or not the distribution of the estate of the deceased person as effected by:- i.
So, if you think the deceased has not adequately provided for you, these are the proceedings you would launch. Thus there is no set criteria for what is considered adequate and what is not. Up until the legislative reforms, which came into effect on the 1 st of January , Victoria was one of the most flexible States in Australia for people making a claim against a Will. The eligible people were not specified, so anyone who believed that the deceased person had an obligation to provide them with some maintenance could make a claim.
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Contested estate claims and other estate disputes or challenges may arise between family members and other potential beneficiaries after a person dies. The Will may be deemed invalid for any one of the following reasons We have experienced probate litigators who can guide you through the complex process of fighting or defending a Will.
Join over 19, members and find out about the full suite of membership products and services. This is rarely because the solicitor does not know of the time limit. In one case, the son of the deceased instructed a solicitor to investigate whether his father had made a later will. The will, believed to be the last will, had been made five years before the father died and made no provision for the son. The son believed his father would have intended to provide for him. The solicitor made a series of inquiries but a later will was not discovered. The solicitor had focused on the task at hand instead of the central issue lack of provision which underpinned it. Unfortunately in most of the cases we see involving out of time TFM applications, there is no prospect of an extension of time because the estate has already been distributed. Executors, particularly if they are family members, may have difficulty coming to terms with the notion that the testamentary intentions of the deceased may be overridden by TFM public policy considerations. Many disputes in this area stem from discontent over the erosion of the estate by TFM costs.