Lawyer & Legal Service

Making Sure Adequate Provision Has Been Provided in the Will

162 0

What happens if a loved one dies and dependents haven’t been adequately provided for in the will? If they live in NSW, Australia, there is recourse open to them that can be very helpful in a time of stress and anxiety.

It probably comes as no surprise that some people, having lost a loved one that they depended on for living, learn the contents of the will only to discover that there is no provision provided for them. It can be very difficult if this happens. Not only has a loved one just died, but it also becomes necessary to cope with the prospect of no money for living expenses or bills that come in, which may include funeral costs.

In this instance, living in NSW is a blessing in disguise, as a claim can be made. It is called a Family Provision Claim in NSW, and a solicitor can help with the process. The solicitor will often not charge fees unless the provision claim is upheld, which can be comforting as it is one less expense that needs to be dealt with.

Several states in Australia have an Act that deals with Family Provision Claims, as it is a moral obligation to look after people when they are dependents. It won’t be hard to find a solicitor that handles these types of cases. They will look after everything during the process, which will ease the burden considerably.

People don’t think they will have to make such claims when a loved one dies, and it often comes as a surprise if nothing has been left in the will. It’s unfortunate, but it does happen, and there should be no guilt in filing a claim to have the situation rectified.

If this happens, don’t wait too long to find a solicitor and contest the will. There is only a certain time period in which this can be done, and the solicitor will also need time to prepare the case, so it is best to do it as soon as possible and get the ball rolling.

Finding a solicitor is simple. If a search is done for filing a provision claim, a lot of listings come up for all types of solicitors. It is just a matter of selecting one and contacting them. It is best to make contact by phone, just in case they are having problems with email or form on their web site. If there is a problem, it often isn’t noticed, and the person making the enquiry just thinks that nobody is getting back to them. This is far from the truth and causes misunderstandings, so it is best to be certain by using the telephone.

Once a solicitor has been engaged, it will just be a matter of sitting down with them and going through what has happened, and they will take it from there. They will make the process as easy as possible.