Family Provision Applications
When someone dies, leaving an estate in Queensland, there are certain people who have the right to apply to the courts over how the assets are distributed from the estate. A Family Provision Application is a legal recourse available to certain individuals who believe they have not been adequately provided for in the estate of a deceased family member.?
You can only bring such an application if you are a spouse of the deceased or a dependent of the deceased. While the process can be intricate, the potential benefits are significant, making it a consideration for those navigating estate matters.
However, just because you're able to bring such an application does not mean your application will be approved. The question the court asks is, "Has adequate provision been made for your proper maintenance and support?"
There are no set conditions that constitute these provisions as adequate, it's simply based on details within the individual case.
Should I make a Family Provision Application?
At Argon Law, we understand that contemplating a Family Provision Application can be a complex and emotional decision. In this article, we aim to provide clarity on this legal avenue, helping you make an informed choice based on your unique circumstances.
Some of the things courts do take into consideration are:
What Should I Consider Before Applying for Family Provision?
1. Eligibility Criteria
Before delving into a Family Provision Application, it's crucial to ascertain whether you meet the eligibility criteria. Typically, spouses, de facto partners, children and stepchildren of the deceased are eligible to make an application. However, someone who is a financial dependent of the deceased may also be eligible.
2. Time Constraints
Family Provision Applications are subject to strict time limits. Failing to file within the specified timeframe may jeopardise your ability to seek adequate provision. Seeking legal advice promptly is essential to ensure compliance with these deadlines.
3. Merits of the Case
Assessing the merits of your case is vital. Our experienced solicitors at Argon Law can provide valuable insights into the strengths and weaknesses of your claim, helping you understand the likelihood of success so you can make an informed decision about whether to proceed.
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4. Emotional Considerations
Engaging in a Family Provision Application can be emotionally charged, as it involves navigating family dynamics during an already challenging time. Our empathetic approach at Argon Law ensures that your emotional well-being is a top priority throughout the legal process.
5. Potential Outcomes
Understanding the potential outcomes of a Family Provision Application is crucial. Whether seeking a lump sum provision, or some other form of provision, our expertise enables us to guide you through the intricacies of the legal landscape.
Why Choose Argon Law?
Specialised Expertise
Our team at Argon Law boasts a wealth of experience in litigation and dispute resolution, particularly in matters related to Family Provision Applications. We are well-equipped to navigate the complexities of these cases.
Personalised Approach
We recognise that each case is unique. Our personalised approach ensures that your specific circumstances are thoroughly understood, allowing us to tailor our legal strategy to meet your individual needs.
Clear Communication
Deciding whether to make a Family Provision Application is a significant choice that requires careful consideration. Throughout the process, we prioritise transparent and clear communication. You can trust us to keep you informed at every stage, empowering you to make well-informed decisions.
If you find yourself contemplating a Family Provision Application or require legal advice about estate matters, please don't hesitate to reach out to our dedicated team of solicitors at Argon Law .?
We are here to assist you on your legal journey with compassion, years of experience and a commitment to achieving the best possible outcomes for you and your family.