Family Provision Claims: Expert Guidance on Contesting Wills and Adequate Provision

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Has a loved one passed away, leaving their estate distribution feeling unfair to you? Johnsons Law Group understands the emotional and legal complexities involved in such situations. Our team of experienced lawyers is committed to guiding you through every step of your family provision claim.

 

  • Estate Evaluation
  • Will Contestation
  • Mediation Services
  • Court Representation
  • Claim Eligibility Assessment
  • Legal Advice on Estate Planning

At Johnsons Law Group, we leverage our legal expertise to ensure that your claim is both compelling and compliant with the latest legal standards. We offer a personalised approach, striving to secure the provision you rightfully deserve while making the process as smooth and stress-free as possible. Trust us to be your advocate in securing your future.

Ready to discuss your family provision claim? Call Johnsons Law Group now at 02 9600 7277 or visit our Contact Us page for personalised legal assistance.

Our Professional Legal Services Tailored for You

At Johnsons Law Group, we pride ourselves on offering a wide range of specialised legal services designed to address your specific needs. Our team of experts is equipped to handle any challenges that may arise, ensuring you receive the best possible outcomes.

Estate Evaluation

Estate evaluation involves a thorough analysis of the deceased’s estate to ensure fair distribution among claimants. Our team meticulously assesses each asset to provide clarity and facilitate smoother legal proceedings.

Will Contestation

Will contestation address disputes over the interpretation or validity of a will? At Johnsons Law Group, we scrutinise every detail to defend your rights and ensure the deceased’s intentions are respected.

Mediation Services

Our mediation services offer a less confrontational alternative to traditional court proceedings. We help parties reach amicable solutions to preserve relationships while ensuring fairness in the distribution of the estate.

Court Representation

We provide robust court representation for more complex cases, where mediation may not be possible. Our skilled lawyers are committed to advocating on your behalf, striving for the best possible outcome.

Claim Eligibility Assessment

Determining if you can make a family provision claim is crucial. We review your relationship with the deceased and other legal criteria to assess your eligibility and guide you through the necessary steps.

Legal Advice on Estate Planning

Estate planning is essential for anyone looking to manage their estate proactively. We offer expert advice to help you prepare effective wills and other essential documents, ensuring your wishes are honoured.

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Who is Eligible to Make a Family Provision Claim?

At Johnsons Law Group, we explain your rights and the legal framework that determines claim eligibility.

  • Spouses and de facto partners
  • Children, including adopted and stepchildren
  • Dependents who were financially supported by the deceased
  • Parents of the deceased

What Reasons Does the Court Consider for a Claim?

When reviewing a family provision claim, the court considers several critical factors to ensure justice and fairness in the distribution of the estate.

  • The claimant’s financial need and dependency
  • The size and nature of the estate
  • The claimant’s relationship with the deceased
  • Any previous provisions made by the deceased

5 Things to Consider Before Making a Family Provision Claim

Before pursuing a family provision claim, it’s important to consider these key factors:

  • Legal Eligibility: Verify your eligibility based on your relationship to the deceased and other legal criteria.
  • Financial Need: Assess your financial needs and how the estate’s distribution affects your livelihood.
  • Impact on Relationships: Consider the potential impact on family relationships, as claims can cause strain.
  • Probate Status: Check if the will has been probated, as this affects the timing and strategy of your claim.
  • Legal Advice: Seek professional legal advice to understand the complexities and prospects of success.

How to Make Family Provision Claims

Making a family provision claim can seem daunting, but with the right guidance, you can navigate the process effectively. At Johnsons Law Group, we simplify the steps and support you throughout your legal journey. Here’s how to proceed with a family provision claim:

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  1. Confirm Your Eligibility: Determine if you’re an eligible claimant based on your relationship with the deceased, such as being a spouse, child or dependent.
  2. Gather Necessary Documentation: Collect documents that support your relationship and dependency on the deceased, such as financial statements, wills and proof of your relationship.
  3. Submit a Formal Notice: Notify the executor of the estate of your intent to make a claim. This should be done in writing and within the time limits prescribed by law.
  4. Prepare for Mediation or Court: Many claims are settled in mediation, but if necessary, be prepared to go to court. Your legal team will help you prepare all necessary documents and represent you throughout the proceedings.
  5. Assess the Estate: Understand the size and nature of the estate to evaluate what you might reasonably expect to receive from the claim.
  6. Evaluate Your Financial Needs: Clearly outline your financial needs to demonstrate how the existing will or lack of provision impacts your life.
  7. Seek Professional Legal Advice: Engage with a lawyer who specialises in family provision claims to ensure you have expert advice tailored to your situation.

Why Choose Johnsons Law Group for Your Family Provision Claims

When you need reliable legal representation, Johnsons Law Group stands ready to assist.

  • Extensive Experience: Our lawyers specialise in family provision claims, offering in-depth knowledge and insights that drive successful outcomes.
  • Personalised Approach: We tailor our strategies to meet the unique needs and circumstances of each client and ensure personalised attention.
  • Proven Track Record: With numerous successful claims under our belt, our firm has demonstrated its ability to secure favourable results for our clients.
  • Strategic Legal Advice: Our advice is based on current legal standards and deep industry knowledge, aimed at maximising your claim’s potential.
  • Commitment to Client Satisfaction: We prioritise your satisfaction and strive to exceed your expectations throughout the legal process.
  • Access to Top Legal Resources: Our firm has access to comprehensive legal resources that enhance the quality and effectiveness of our representation.
  • Supportive, Client-Focused Service: Our team understands the emotional weight of contesting a will and provides compassionate support to ease your stress.

Contact Johnsons Law Group Today

Ready to discuss your case? Contact Johnsons Law Group at 02 9600 7277 or visit our Contact Us page. Let our expertise guide you through the complexities of family provision claims, ensuring you receive the support and outcomes you deserve.